{"id":1169694,"date":"2022-08-07T18:10:50","date_gmt":"2022-08-07T18:10:50","guid":{"rendered":"https:\/\/www.ghanamma.com\/2022\/08\/07\/parties-at-loggerheads-must-not-be-compelled-to-engage-in-adr-mediation-martin-nwosu\/"},"modified":"2022-08-07T18:10:50","modified_gmt":"2022-08-07T18:10:50","slug":"parties-at-loggerheads-must-not-be-compelled-to-engage-in-adr-mediation-martin-nwosu","status":"publish","type":"post","link":"https:\/\/www.ghanamma.com\/2022\/08\/07\/parties-at-loggerheads-must-not-be-compelled-to-engage-in-adr-mediation-martin-nwosu\/","title":{"rendered":"Parties at loggerheads must not be compelled to engage in ADR mediation &#8211; Martin Nwosu"},"content":{"rendered":"<p><\/p>\n<div id=\"article-text\" style=\"line-height: 2; letter-spacing: -0.5px;font-size: 18px;\">\n<p>                        <!--p class=\"ky_saved_articles_link\"><span class=\"ky_saved_articles_hide\"><img decoding=\"async\" src=\"\" class=\"ky_saved_articles_img\" alt=\"Parties at loggerheads must not be compelled to engage in ADR mediation - Martin Nwosu\" title=\"Parties at loggerheads must not be compelled to engage in ADR mediation - Martin Nwosu\"><\/span> Bookmark<\/p-->\n<p>An\u00a0Alternative Dispute Resolution (ADR) practitioner and Senior lecturer at the Ghana School of Law, Martin Nwosu has stated that during an ADR mediation, parties at loggerheads must not be compelled to negotiate.<\/p>\n<p>Speaking in an interview on JoyNews\u2019 The Law, he said giving a response during an ADR session must be voluntary.<\/p>\n<p>\u00a0His remark was\u00a0in response to a question posed by\u00a0the host, Samson Lardy Anyenini, about how to resolve a situation in which one party agrees but the other does not.<\/p>\n<p>According to him, although a Judge in a court-connected process can refer such issues to the ADR to be resolved, \u201cwhen they [the parties involved] get to the mediator, they can tell him \u2018as for me, I am not interested. It is the Judge who said we should come but I want the court to resolve the matter\u2019 and that is the end of it.\u201d<\/p>\n<div class=\"youtube-embed\" data-video_id=\"G6tJY9dC_q4\"><iframe loading=\"lazy\" title=\"Parties at loggerheads are not to be compelled to negotiate in ADR mediation - Martin Nwosu\" width=\"696\" height=\"392\" src=\"https:\/\/www.youtube.com\/embed\/G6tJY9dC_q4?feature=oembed&#038;enablejsapi=1\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture\" allowfullscreen><\/iframe><\/div>\n<p>Mr Nwowu,however stated that there is the option to try to convince the parties involved to have their issues settled.<\/p>\n<p>\u201cLooking at the nature of the case, the Judge has observed that the person you have this dispute with is your very good friend, your business partner, you have certain things in common so he doesn\u2019t want that relationship to be destroyed that is why he has referred the case to the ADR so please think about it carefully. We can\u2019t really force you but you can think through it. If you come the next day, we will be ready for you,\u201d he added.<\/p>\n<p>According to him, the mediation process by ADR is in phases. He said the first stage of mediation is welcoming the parties at loggerheads and discussing the grand rules.<\/p>\n<p>He said that the second phase is to \u201cdiscuss what has brought them there\u201d, noting that the key point of a mediation process is for the parties to talk.<\/p>\n<p>                <!-- Post Tags --><\/p><\/div>\n","protected":false},"excerpt":{"rendered":"<p>An\u00a0Alternative Dispute Resolution (ADR) practitioner and Senior lecturer at the Ghana School of Law, Martin Nwosu has stated that during an ADR mediation, parties at loggerheads must not be compelled to negotiate. Speaking in an interview on JoyNews\u2019 The Law, he said giving a response during an ADR session must be voluntary. \u00a0His remark was\u00a0in [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":1169696,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[187],"tags":[22614,22615,2095,18679,9106,22616,22617,2294],"class_list":["post-1169694","post","type-post","status-publish","format-standard","has-post-thumbnail","category-politics","tag-adr","tag-compelled","tag-engage","tag-loggerheads","tag-martin","tag-mediation","tag-nwosu","tag-parties"],"_links":{"self":[{"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/posts\/1169694","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/comments?post=1169694"}],"version-history":[{"count":0,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/posts\/1169694\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/media?parent=1169694"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/categories?post=1169694"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/tags?post=1169694"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}