LME3701 ASSIGNMENT 2 SEMESTER 2 2025 (Answer Guide)

LME3701 ASSIGNMENT 2 SEMESTER 2 2025 (Answer Guide) THE ROLE OF ALTERNATIVE DISPUTE RESOLUTION IN SOUTH AFRICA: A COMPARATIVE ANALYSIS WITH GHANA 1. Introduction The concept of Alternative Dispute Resolution (ADR) has gained significant traction globally as an alternative to adversarial litigation. ADR mechanisms, such as arbitration, mediation, conciliation, and plea bargaining, provide parties with less formal, more flexible, and cost-effective means of resolving disputes. In South Africa, ADR has historically been underutilised compared to traditional litigation, but recent legal and institutional reforms have sought to promote its use. For example, the South African Law Reform Commission (SALRC) has published discussion papers proposing the enactment of a Mediation Act, which signals a deliberate policy shift towards mainstreaming ADR in the justice system. This trend reflects global developments where ADR is recognised as a tool for enhancing access to justice and easing the burden on overburdened court systems (Butler & Finsen, 2012). Ghana provides an instructive comparator because it has implemented the Alternative Dispute Resolution Act 798 of 2010, which establishes a comprehensive legislative framework for mediation, arbitration, and customary dispute resolution mechanisms. The Ghanaian statute has been celebrated for integrating both formal and informal dispute resolution systems, thereby enhancing accessibility, particularly for marginalised communities (Adjabeng, 2017). Comparing South Africa’s fragmented framework, anchored mainly in the outdated Arbitration Act 42 of 1965, with Ghana’s modern statute offers valuable insights into the strengths and weaknesses of each jurisdiction. The growing recognition of ADR in both jurisdictions raises important questions about its capacity to improve efficiency, reduce legal costs, and ensure wider access to justice. This comparative analysis therefore seeks to evaluate the adequacy of South Africa’s ADR regime against Ghana’s, with the aim of identifying reforms that could enhance the South African justice system.