Conflict Resolution Program Catholic University College of Ghana Growing a Dispute Resolution System: One View from America Professor Paul F. Kirgis St. John’s University School of Law

The Disputing Pyramid Lawsuits:50 Lawyers:103 Disputes:449 Claims:718 Grievances:1000

How Are Lawsuits Resolved? Trial:7% Judicial decision on merits:9% Arbitration:2% Default/dismissal by judge:18% Settlement (including voluntary dismissal by plaintiff):63% Source: Kritzer, Adjudication to Settlement, 70 Judicature 161 (1986)

Values in Tension Private Autonomy –Respects the individual –Tailors resolutions to the specific circumstances vs. Public Accountability –Protects rule of law –Conveys legitimacy –Promotes social norms

Ghana ADR Act § 74(5) A mediator shall be guided by principles of objectivity, fairness and justice, and shall give consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including any previous business practices between the parties. Model Standards of Conduct for Mediators I(A) A mediator shall conduct a mediation based on the principle of party self-determination. Self- determination is the act of coming to a voluntary, uncoerced decision in which each party makes free and informed choices as to process and outcome.

Court-Connected Mediation Advantages Advantages –Potential for creative, individualized solutions –Public legitimacy that comes from judicial oversight Risks Risks –Court backing confers authority on mediators, but mediators are private actors

Challenges For mediators For mediators –develop skills to promote creative problem- solving, while balancing:  party autonomy; with  public values – justice –efficiency For courts For courts –key to success of program is good mediators