Alternate Dispute Resolution Law at Gambia
Alternate Dispute Resolution (ADR) Law in The Gambia
Alternate Dispute Resolution (ADR) in The Gambia is an evolving legal area aimed at offering alternatives to the formal court system for resolving disputes. Here is an overview of its legal framework and implementation:
Legal Framework
ADR Act, 2005
The primary law governing ADR in The Gambia is the Alternative Dispute Resolution Act, 2005. This law provides a comprehensive framework for the resolution of disputes outside the traditional court system.
Objectives of the ADR Act
To promote amicable settlement of disputes through arbitration, mediation, and other recognized forms of ADR.
To reduce the backlog of court cases.
To enhance access to justice, especially in rural and underserved areas.
Types of ADR Recognized
The ADR Act provides for several forms of dispute resolution:
Arbitration
Binding process where an arbitrator gives a decision after hearing both parties.
The Gambia has provisions for both domestic and international arbitration.
The arbitral award is enforceable as if it were a court judgment.
Mediation
A voluntary, non-binding process.
A neutral third party helps the parties reach a mutually acceptable solution.
Conciliation and Negotiation
These are less formal mechanisms that also encourage amicable settlements, often used in family and community matters.
Key Features of the Act
Establishment of ADR Centre: The law allows for the creation of ADR centers to promote and administer mediation and arbitration.
Court-Annexed ADR: Courts in The Gambia can refer disputes to ADR to encourage faster resolution.
Training and Accreditation: The Act mandates the training and accreditation of arbitrators and mediators to maintain quality and standards.
Implementation & Challenges
Institutional Support: While there are some ADR institutions and trained professionals, the system is still developing.
Public Awareness: Many citizens are not fully aware of their rights under the ADR framework.
Cultural Relevance: Traditional dispute resolution (TDR) systems remain strong in many rural areas, and ADR law often interacts with customary law.
Relevant Institutions
Ministry of Justice – The Gambia: Oversees the implementation of ADR-related laws.
The Gambia Bar Association: Offers training and maintains a registry of certified ADR practitioners.
Court System: Encourages ADR through court-referred mediation, especially in civil disputes.
Conclusion
The Gambia’s ADR legal system is structured to support a more accessible and less adversarial form of justice. With further development, especially in training and public education, ADR is expected to play a bigger role in dispute resolution in the country.
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