By Kemo Kanyi
The judiciary of the Gambia with international partners on Friday held conference on alternative dispute resolution with the theme on “Enhancing Access to Justice through Mediation” which is set to provide an insight into resolving disputes before reaching court.
The conference assembled legal luminaries from Rwanda, Zambia, and the United States of America as well as senior magistrates and other distinguished personalities.
The Gambian Chief Justice, Hassan B. Jallow who chaired the ceremony, highlighted the significance of the ADR as effective and efficient measures to reduce cost on the judiciary.
“Indeed the effective use of mediation and other forms of ADR for the timely and cost-effective settlement of cases filed in our courts is at the heart of the Judiciary’s Strategic Plan 2021-2025, as embodied in Goal 4 of the Plan which is to improve efficiency of court processes and service delivery. It is also part of the judiciary’s Goal 7 which is to improve access to the courts and tribunals, with the expressly stated aim. The Court Connected Alternative Dispute Resolution System will also be reviewed, revived and strengthened to reduce the burden on the court system,” he said.
The main reason for the initiative, according to the chief justice, is to reduce the burden on the court as many Gambian are now looking up to the court for dispute resolutions.
He explained: “The main purpose of reviving the Court Connected ADR system is to decongest the courts by significantly reducing the number of cases judges have to deal with at trial level, thus minimising the precious resources of the judiciary , and giving judicial officers more time to handle really contentious matters and those of greater public importance. As the people in the Gambia come to increasing rely on what they undoubtedly see as an independent and impartial Judiciary, a larger number of cases are being filed in our courts daily, at a time when we are finding it increasingly difficult to recruit suitable candidates to the higher bench, due to inadequate remuneration of judicial officers among other things.”
Chief Justice Jallow also recalled the numerous training for the mediators with the support of the United States, while hoping for similar training of legal practitioners in order to reach the main objective of the ADR system.
“The Mediators that have been trained and certified by the renowned Edwards Academy, with the help of the Weinstein Foundation of the United States of America, for which we are immensely grateful, are mainly legal practitioners who are familiar with the justice system here and will no doubt be a positive addition to the judicial system. I therefore urge stakeholders to give them every support to make this venture a resounding success.”
The appropriate use of ADR processes, he added, would savestime, cost effective, and a successful outcome results in a win-win situation, which would also preserved relationships that could have been damaged by an acrimonious litigation process.
Justice Omar MM Njie, Chairperson of court connected ADR implementation, expressed optimism that the initiative wouldprepare his committee to effectively and efficiently implementthe ADR system before trial stages in courts.
Eric Mehler, representative of the American Ambassador to The Gambia, said the United States would support the cause to see its success.
“This conference dedicated to alternative dispute resolution or ADR here in The Gambia. This gathering represents a pivotal moment, a convergence of legal minds, practitioners and experts all committed to advancing justice, promoting stability, and fostering efficient dispute resolution mechanisms. The United States government stands shoulder to shoulder with the Gambian government, civil society and all the people of The Gambia in their efforts to advance democracy, good governance and stability,” he said.
He continued: “In 2021 USAID launched the promoting rights of Justice in the Gambia program. This initiative aims to strengthen justice sector institutions and enhance access to justice. In fact, PRJ was among the first programs introducedafter the return to democracy. PRJ has been a steadfast supporter of Gambia’s judiciary through its programme. We have supported the judiciary to modernise rules, streamline court processes, and establish court Connect ADR. The United States has remained committed to supporting ADR because it plays a pivotal role and fosters effective justice systems.”
The idea of ADR was conceived in 2021 by the Chief Justice by instituting a committee to work on its implementation processes.
