Gambiaj.com – (BANJUL) – The Judiciary of The Gambia on Friday hosted its inaugural Alternative Dispute Resolution (ADR) Conference, aimed at sharing experiences and best practices in ADR to address the backlog of cases in the Gambian courts and enhance access to justice. The event brought together stakeholders from various sectors of the judiciary to consult and collaborate on the effective implementation of ADR.
Alternative Dispute Resolution (ADR) in Gambian courts was introduced as an alternative to the court process and is seen as having the potential to address the backlog of cases in the courts and in general to improve access to justice
Chief Justice Hassan B. Jallow emphasized the significance of ADR under the new High Court rules, which mandate that most civil cases attempt ADR before filing in court. He highlighted that once a case is in court, referral to ADR is compulsory, although the process remains voluntary and party-driven, focusing on the litigants’ interests.
“The appropriate use of ADR processes saves time and is cost-effective. More significantly, a successful outcome results in a win-win situation for all parties and preserves relationships often damaged by litigation,” Chief Justice Jalloh remarked.
The conference also celebrated the certification of 19 legal practitioners as ADR mediators, including Neneh MC Cham, President of the Gambia Bar Association. Cham urged her colleagues to prioritize ADR options for clients before pursuing litigation.
“If we are convinced that alternative dispute resolution is the right way to go, our clients will be too. Exchanging letters between lawyers isn’t enough; we need to do more to settle disputes before they reach court,” Cham stated.
The event received support from the American Bar Association and the Promoting Rights and Justice (PRJ) Project in The Gambia. Eric R. Miller, Deputy Chief of Mission at the US Embassy in Banjul, commended the initiative, noting ADR’s role in promoting economic development and social cohesion.
“Through USAID PRJ, we’ve supported The Gambia’s judiciary in modernizing rules, streamlining court processes, and establishing court-connected ADR. ADR fosters a conducive business environment and contributes to sustainable growth and development,” Miller said.
In line with these efforts, the judiciary will hold a mediation week from May 20 to 24, 2024, where trained and certified mediators will handle cases identified as suitable for out-of-court settlements.
