This article advocates for using Ghana’s introduction of ADR as a model for other African countries. Like Ghana, most African countries have adopted a form of ADR based on Western nations; however, as African culture and legal systems are quite different than Western culture, modifications are necessary. Ghana’s experience shows that modern ADR can be adopted into African countries, but an understanding of the traditional mechanisms is necessary. Part II of this article provides an introduction of ADR and its historical context in Africa. Part III examines customary and modern dispute resolution. It looks at the relationship between the two systems, the competing tensions, and possible intersection. Part IV looks to Uganda’s experience in implementing ADR, and the challenges that have emerged. Part V looks at Ghana’s success in incorporating ADR into its system. Part V provides a comparative analysis, looking at lessons learned from Ghana’s experience and how to effectively apply ADR in other African countries, specifically Uganda. The section concludes with a discussion on the potential success of implanting ADR into Uganda. Part VI considers recommendations in utilizing and developing the ADR process, and the incorporation of the traditional and modern methods of dispute resolution.
Alternative Dispute Resolution in Africa: Is ADR the Bridge Between Traditional and Modern Dispute Resolution?,
18 Pepp. Disp. Resol. L.J.
Available at: https://digitalcommons.pepperdine.edu/drlj/vol18/iss3/2