LME3701
ASSIGNMENT 3 2025
DUE: 5 NOVEMBER 2025 (MEMO)
,A COMPARATIVE ANALYSIS OF THE LEGAL FRAMEWORKS FOR ALTERNATIVE
DISPUTE RESOLUTION IN SOUTH AFRICA AND GHANA
By
[YOUR FULL NAMES]
[YOUR STUDENT NUMBER]
Submitted in partial fulfilment of the requirements for the degree
LLB
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: NAME OF ANY OF THE LECTURERS FOR THIS MODULE
(ASSIGNMENT 03)
1
,TABLE OF CONTENTS
1. INTRODUCTION 3
2. PROBLEM STATEMENT 4
3. HYPOTHESIS / AIM OF RESEARCH 5
4. POINTS OF DEPARTURE AND ASSUMPTIONS 6
4.1. Points of Departure 6
4.2. Assumptions 6
5. CONCEPTUALISATION OF CENTRAL RESEARCH THEMES 7
5.1. Alternative Dispute Resolution (ADR) 7
5.2. Mediation 7
5.3. Arbitration 8
5.4. Access to Justice 8
5.5. Comparative Legal Research 9
6. PROPOSED CHAPTER OUTLAY 10
7. PROJECTED TIME-FRAME 11
8. DESCRIPTION OF RESEARCH METHODOLOGY 12
9. CONCLUSION 13
10. BIBLIOGRAPHY 14
2
, 1. INTRODUCTION
The pursuit of effective, accessible, and efficient justice is a universal challenge within
legal systems. In recent decades, Alternative Dispute Resolution (ADR) has emerged
as a critical mechanism to alleviate the burdens on traditional courts, which are often
characterised by high costs, protracted delays, and procedural complexity.¹ South Africa
and Ghana, as influential legal jurisdictions in Africa, have both recognised the potential
of ADR and have taken significant, albeit different, steps to incorporate it into their legal
landscapes.
South Africa’s journey with ADR is marked by a patchwork of statutory provisions and
judicial initiatives. While the Arbitration Act of 1965 provides a foundational framework, it
is widely regarded as outdated.² More recent developments, such as court-annexed
mediation under the Magistrates' Courts Rules and proposals by the South African Law
Reform Commission (SALRC) for a dedicated Mediation Act, demonstrate a growing
policy commitment to ADR.³ Conversely, Ghana has adopted a more consolidated
approach through the landmark Alternative Dispute Resolution Act, 2010 (Act 798),
which establishes a comprehensive framework for mediation and arbitration and created
a centralised ADR Centre.⁴
This research proposal outlines a study that will employ a comparative legal
methodology to analyse and contrast the ADR frameworks of South Africa and Ghana.
The study aims to dissect the legislative structures, institutional supports, and practical
challenges in both countries. The ultimate goal is to identify comparative strengths and
weaknesses, facilitating a cross-jurisdictional exchange of best practices that could
enhance the effectiveness and accessibility of ADR in both nations.⁵
3
ASSIGNMENT 3 2025
DUE: 5 NOVEMBER 2025 (MEMO)
,A COMPARATIVE ANALYSIS OF THE LEGAL FRAMEWORKS FOR ALTERNATIVE
DISPUTE RESOLUTION IN SOUTH AFRICA AND GHANA
By
[YOUR FULL NAMES]
[YOUR STUDENT NUMBER]
Submitted in partial fulfilment of the requirements for the degree
LLB
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: NAME OF ANY OF THE LECTURERS FOR THIS MODULE
(ASSIGNMENT 03)
1
,TABLE OF CONTENTS
1. INTRODUCTION 3
2. PROBLEM STATEMENT 4
3. HYPOTHESIS / AIM OF RESEARCH 5
4. POINTS OF DEPARTURE AND ASSUMPTIONS 6
4.1. Points of Departure 6
4.2. Assumptions 6
5. CONCEPTUALISATION OF CENTRAL RESEARCH THEMES 7
5.1. Alternative Dispute Resolution (ADR) 7
5.2. Mediation 7
5.3. Arbitration 8
5.4. Access to Justice 8
5.5. Comparative Legal Research 9
6. PROPOSED CHAPTER OUTLAY 10
7. PROJECTED TIME-FRAME 11
8. DESCRIPTION OF RESEARCH METHODOLOGY 12
9. CONCLUSION 13
10. BIBLIOGRAPHY 14
2
, 1. INTRODUCTION
The pursuit of effective, accessible, and efficient justice is a universal challenge within
legal systems. In recent decades, Alternative Dispute Resolution (ADR) has emerged
as a critical mechanism to alleviate the burdens on traditional courts, which are often
characterised by high costs, protracted delays, and procedural complexity.¹ South Africa
and Ghana, as influential legal jurisdictions in Africa, have both recognised the potential
of ADR and have taken significant, albeit different, steps to incorporate it into their legal
landscapes.
South Africa’s journey with ADR is marked by a patchwork of statutory provisions and
judicial initiatives. While the Arbitration Act of 1965 provides a foundational framework, it
is widely regarded as outdated.² More recent developments, such as court-annexed
mediation under the Magistrates' Courts Rules and proposals by the South African Law
Reform Commission (SALRC) for a dedicated Mediation Act, demonstrate a growing
policy commitment to ADR.³ Conversely, Ghana has adopted a more consolidated
approach through the landmark Alternative Dispute Resolution Act, 2010 (Act 798),
which establishes a comprehensive framework for mediation and arbitration and created
a centralised ADR Centre.⁴
This research proposal outlines a study that will employ a comparative legal
methodology to analyse and contrast the ADR frameworks of South Africa and Ghana.
The study aims to dissect the legislative structures, institutional supports, and practical
challenges in both countries. The ultimate goal is to identify comparative strengths and
weaknesses, facilitating a cross-jurisdictional exchange of best practices that could
enhance the effectiveness and accessibility of ADR in both nations.⁵
3
