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The Alternative Dispute Resolution Secretariat is an institution set up by the enabling Act of 2005
The Alternative Dispute Resolution Secretariat (ADRS) was established in 2008 under the ADR Act of 2005. Its creation was aimed at providing an alternative avenue for resolving civil disputes outside of traditional litigation processes. The ADRS is designed to facilitate civil dispute resolution through mediation, conciliation, arbitration, and negotiations.
The primary purpose of the ADR Secretariat is to offer services that enable parties in conflict to resolve their disputes amicably without resorting to the adversarial court system. This approach is particularly beneficial as it leads to quicker resolutions, reduced costs, and less formal proceedings compared to conventional litigation. The ADRS operates under the purview of the Ministry of Justice, aligning with national legal frameworks and international standards.
To enhance accessibility and effectiveness, the ADRS has been decentralized. Its headquarters is in Old Jeshwang, which serves as the high command. Additionally, there are two centres established in Farafenni and Basse. The ADRS seeks to extend its coverage nationwide with plans to establish two more centres in Janjanbureh and Brikama in 2025. These centres aim to extend ADR services beyond urban areas, making them available to a broader population particularly to those vulnerable in society including women and youth.
The establishment of the ADRS represents a significant step towards modernizing dispute resolution mechanisms within the legal framework. By providing alternatives to litigation, it promotes efficiency and encourages collaborative problem-solving among disputing parties.
How does the Secretariat settle disputes?
The Disputes are settled through the social mechanisms which are as follows:
- Mediation
- Conciliation
- Arbitration
- Negotiation
The Secretariat is not sector biased:
It offers its services to both the public sector and the private sector as long as the dispute is within the scope of its operation.
What is ADR?
Alternative Dispute Resolution (ADR) refers to a number of methods for resolving disputes other than litigation. These methods are:
- Mediation
- Conciliation
- Arbitration
- Negotiation
The processes are alternative methods of helping people resolve civil disputes without going to court. ADR involves an independent third party, called a ‘’neutral’’ who tries to help to resolve or narrow the areas of conflict.
Advantages of ADR
- Disputants are assured of confidentiality : only those person/s in dispute will be part of the process and all records are kept in like manner with limited exceptions.
- ADR provides a healthier methods of resolving disputes that ensures cordiality between disputants.
- ADR helps to decongest the courts of cases : justice is made accessible.
- Disputants are offered a cost effective way of resolving their disputes.
- Disputants are always steering the process optimising their chances of a favorable outcome: “win win.”
ADR at the ADRS
Why should you use ADR?
All consultations and meetings at the Secretariat are confidential. In the case of mediation, once the complaint is filed, the ADR secretariat will contact the other party(ies) informing them that a dispute has been filed against them and invite them to an initial meeting.
In the case of an arbitration, the ADR Secretariat will inform the other party (ies) that an arbitration process has been initialized or the ‘’arbitration clause’’ in their contract has been ‘’activated’’.
When parties agree to use ADR as a means to resolve their dispute, they sign a ‘’Consent Form’’ and the ADR process commences.
Parties to a dispute before the ADR secretariat can either represent themselves or can be accompanied by a lawyer of their choice.
How to lodge a complaint?
Go straight to the Secretariat’s Headquarters or any Regional Office and lodge your complaint to the Complaint Records Officer.
Is there any cost involved?
Yes, but far more cheaper than a lawyer and going to court. There is a small registration fee to pay in order to register a complaint.
Will someone get to know about my case?
The process is entirely confidential.