Status and Contract in an Emerging Democracy: The Evolution of Dispute Resolution in Ghana

Authors

Paul F. Kirgis, St. John's School of Law

Abstract

Ghana is one of the developing world's success stories. The first sub-Saharan colony to gain independence, it is a stable democracy experiencing sustained economic growth. Yet as Ghana reaches for the material gains of participation in modern commercial life, its dual legal systems-the system of customary adjudication by traditional authorities and the formal court systemhave come under increasing pressure. New legal developments have truncated the authority of traditional decision-makers, while an overburdened court system lacks the resources to fill the resulting adjudicative gaps. To solve the problem, Ghana is now experimenting with a system of quasi-public dispute resolution, including contractual arbitration and court-connected mediation. If successful, this experiment could provide a model for other emerging democracies seeking to promote greater access to justice while integrating traditional and national adjudicative structures.

Disciplines

Comparative and Foreign Law | Dispute Resolution and Arbitration | Law | Law and Gender | Law and Politics

Recommended Citation

Paul F. Kirgis, Status and Contract in an Emerging Democracy: The Evolution of Dispute Resolution in Ghana, 16 Cardozo J. Conflict Resol. 101 (2014).
Available at: https://larc.cardozo.yu.edu/cjcr/vol16/iss1/5