Mediation and conflict resolution in Ghanaian courts: Practitioners and their clients experiences in the Twifo Praso District Court.

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.