Resolving land conflicts through Alternative Dispute Resolution: Exploring the motivations and challenges in Ghana

Abstract

Alternative Disputes Resolution (ADR) is gaining increasing attention in scholarly and legal circles globally, due to the inherent weaknesses of the statutory court system. Recent studies have focused on ADR processes and their effectiveness over the formal court system. However, the motivations and challenges of using ADR systems by disputants seldom receive attention, particularly within the context of the rising incidences of land disputes in Africa. This study examines the motivations and challenges of using ADR by land litigants under the fragmented land ownership system in the Upper West Region of Ghana. Using a case study research design, the study found reluctance in the enforcement of resolved disputes, perceived discrimination against minority groups, biases in the process of appeal, and inadequate resources as challenges with ADR in the Region. Motivations for the use of ADR included relationship building, perception of fairness and justice, and relatively cheaper and quicker processes of adjudication. The study concludes that ADR committees have strong potential to deal with the rising incidence of land disputes, but their weaknesses must be addressed. ADR committees should work with Customary Land Secretariats (CLS) to educate the public on their functions and dispute resolution processes, in order to help reduce the perception of bias levelled against them.