Abstract:
This study explored mediation as a tool for resolving conflicts from the experiences of
mediation practitioners and their clients in the Twifo Praso District Court. The study
was based on procedural fairness and justice theories. It followed a qualitative
approach, adopting an exploratory single case study design with 30 participants selected
through census and convenience sampling. Thematic analysis was used to analyse the
data derived from a semi-structured interview guide, observational guide and
documentary analysis. The findings indicate that mediation is defined differently by
various participants, depending on their socio-cultural, socio-legal, and role and style
dimensions. These definitions significantly influenced practitioners to employ
expansive protocols, alternating between initial joint sessions and initial caucusing.
Furthermore, factors such as relationship building, economic considerations, and time
constraints influence participants' choice of mediation as a dispute resolution model in
the Twifo Praso Court. Moreover, the study found that parties assessed procedural
fairness based on factors such as the first speaker dilemma, confidentiality, and
neutrality, particularly when considering portions of parties' demands in generating
settlements. The findings indicate that the program is effective as it has successfully
been able to clear backlog cases and achieved a settlement rate of 80%, surpassing the
national rate of 45%. Therefore, the study recommends procedural fairness and
educational initiatives for parties involved in mediation. In contrast, practitioners'
training should be based on an integrative approach and the incorporation of comediation.
Subsequently, the study has contributed to developing mediation practice as
a conflict resolution model in Ghana.
Description:
DEPARTMENT OF SOCIAL STUDIES EDUCATION,
FACULTY OF LIBERAL AND SOCIAL STUDIES EDUCATION
UNIVERSITY OF EDUCATION, WINNEBA
JUNE, 2024
