ADR Centre Mediation Referral Form (Ghana)

An ADR Centre Mediation Referral Form in Ghana captures the structured information needed to complete the process it supports.

Section 64 of the Alternative Dispute Resolution Act 2010 (Act 798) provides for mediation as a primary method of dispute resolution in Ghana, requiring parties to a mediation agreement to submit their dispute to mediation before commencing court proceedings. Act 798 governs all forms of ADR in Ghana — mediation, arbitration, and customary arbitration — and establishes the legal framework within which mediators, arbitrators, and ADR institutions operate. The Act recognises settlement agreements reached through mediation as binding contracts enforceable in the same manner as a judgment of the High Court of Ghana. The Ghana Arbitration Centre Act 2010 (Act 797) establishes the institutional framework for both mediation and arbitration services in Ghana.

The Judicial Service of Ghana administers a court-connected ADR programme in which civil cases filed in the High Court (Commercial Division), the High Court (Land Division), and other divisions of the High Court may be referred to mediation by a judge under Section 73 of Act 798. The court-connected ADR programme has significantly reduced the backlog of commercial and civil disputes in Accra and Kumasi since its introduction. The Ghana Arbitration Centre, with offices in Accra, provides a dedicated institutional framework for both mediation and arbitration in Ghana and administers the mediation referral process for commercial disputes.

Mediation in Ghana under Act 798 is a voluntary, non-adjudicative process in which a neutral third party (the mediator) assists the parties to reach a mutually acceptable settlement of their dispute. The mediator does not impose a decision but supports communication and negotiation between the parties. Mediation sessions in Ghana are confidential under Section 68 of Act 798, and no information disclosed in a mediation may be used as evidence in subsequent court or arbitration proceedings, except with the consent of all parties. The mediator must be impartial, independent, and must disclose any conflict of interest before accepting the appointment.

The ADR Centre Mediation Referral Form in Ghana differs from an Arbitration Agreement (gh-arbitration-agreement) in that mediation results in a negotiated settlement rather than a binding arbitral award. A settlement agreement reached through mediation under Act 798 is recorded in writing and signed by the parties, after which it is enforceable as a contract or — where filed with the High Court — as a consent order of the court. Mediation is particularly effective for commercial disputes, employment matters before the National Labour Commission (NLC) under the Labour Act 2003 (Act 651), and land disputes governed by the Land Act 2020 (Act 1036).

An ADR Centre Mediation Referral Form in Ghana is needed in the following circumstances.

The Form is required when parties to a commercial, employment, family, land, or other civil dispute in Ghana wish to initiate mediation at the Ghana Arbitration Centre or another accredited ADR institution under the Alternative Dispute Resolution Act 2010 (Act 798), either pursuant to a mediation clause in their contract or by voluntary agreement after the dispute has arisen.

The Form is needed when a judge of the High Court (Commercial Division) or the High Court (Land Division) in Accra or Kumasi has ordered the parties to attempt mediation under Section 73 of Act 798 before the case proceeds to trial. The Judicial Service's court-connected ADR programme requires parties to file the referral form to initiate the court-connected mediation process and designate a mediator from the Judicial Service's approved panel.

The Form is required before the Ghana Arbitration Centre will register a mediation case and appoint a mediator from its panel of accredited mediators. The Centre's mediation rules require the initiating party to complete and submit the referral form together with the prescribed filing fee, which is calculated as a percentage of the amount in dispute expressed in Ghana Cedis (GHS).

The Form is needed in employment disputes where the National Labour Commission (NLC), established under the Labour Act 2003 (Act 651), refers a collective labour dispute or individual employment grievance to mediation before proceeding to binding arbitration. The NLC regularly employs mediation as the first step in its dispute resolution process under Act 651.

The Form is required in family law disputes — including disputes about child maintenance, division of matrimonial property under the Matrimonial Causes Act 1971 (Act 367), and custody arrangements under the Children's Act 1998 (Act 560) — where the Family Tribunal or the High Court (Family Division) in Ghana has directed the parties to attend mediation under the Family Mediation Programme supportd by the Department of Social Welfare (DSW).

Parties in Ghana should submit the ADR Centre Mediation Referral Form as early as possible in a dispute, before legal costs escalate and positions harden. Mediation under Act 798 is typically faster and significantly less expensive than litigation before the High Court of Ghana, and the confidentiality protections under Section 68 of Act 798 protect commercially sensitive information from public disclosure. Legal practitioners enrolled with the Ghana Bar Association advise that most commercial contracts governed by Ghana law now include ADR clauses referring disputes first to mediation and then to arbitration under the Ghana Arbitration Centre Rules.

A valid ADR Centre Mediation Referral Form in Ghana under the Alternative Dispute Resolution Act 2010 (Act 798) must contain the following essential elements.

Identification of Parties: Full legal name, address, telephone number, email address, and representative (lawyer/solicitor enrolled with the Ghana Bar Association or authorised agent) of each party to the dispute. For corporate parties, the company registration number issued by the Office of the Registrar of Companies (ORC) under the Companies Act 2019 (Act 992) and the Tax Identification Number (TIN) issued by the Ghana Revenue Authority (GRA) should be stated. Individual parties should provide their Ghana Card number issued by the National Identification Authority (NIA). Where a party is represented by a law firm, the firm's Ghana Bar Association roll number must be provided.

Nature of the Dispute: A concise description of the dispute, including the subject matter (e.g. Breach of contract, land boundary dispute, employment grievance, debt recovery), the date on which the dispute arose, and the legal basis for the claim (e.g. Breach of the relevant contract, the Labour Act 2003 (Act 651), or the Land Act 2020 (Act 1036)). The description should identify any relevant statutes, contract provisions, or regulatory standards applicable to the dispute.

Relief Sought: The specific outcome the initiating party is seeking through mediation — for example, payment of a specified sum in GHS, rectification of a contract term, restoration of employment, or transfer of title to land at the Lands Commission.

Mediation Agreement or Clause: A statement of whether there is a written mediation agreement or clause between the parties under Section 64 of the Alternative Dispute Resolution Act 2010 (Act 798), together with the reference to the clause in the underlying contract (if applicable). Where there is no pre-existing agreement, a statement that the parties have voluntarily agreed to mediate after the dispute arose should be included.

Choice of Mediator: The name of the agreed mediator (if the parties have agreed), or a request that the Ghana Arbitration Centre or the relevant ADR institution appoint a mediator from its panel of accredited mediators under Act 798. The mediator must be impartial and independent and must disclose any conflict of interest before accepting the appointment.

Court Case Reference: Where the mediation is court-connected under Section 73 of Act 798, the case number, court, and division of the High Court of Ghana before which the matter is pending must be stated, together with the judge's order directing mediation.

Confidentiality Acknowledgement: A signed confirmation by all parties that they understand the confidentiality obligations under Section 68 of the Alternative Dispute Resolution Act 2010 (Act 798), and that information disclosed in the mediation will not be used as evidence in any subsequent court or arbitration proceedings without the consent of all parties.

Filing Fee: Confirmation that the prescribed mediation filing fee of the Ghana Arbitration Centre or the relevant ADR institution has been paid or will be paid. The filing fee is typically calculated as a percentage of the amount in dispute, expressed in GHS.

Forms-legal.com provides this template as a starting point for Ghana-compliant ADR mediation referral documentation. Parties should seek advice from a lawyer/solicitor enrolled with the Ghana Bar Association before initiating mediation proceedings, particularly where the dispute involves land rights under the Land Act 2020 (Act 1036) or employment matters under the Labour Act 2003 (Act 651).