with
the
aim
of
offering
speedy,
efficient
and
effective
delivery
of
justice
in
commercial
disputes.
Before
the
court
was
established,
disputes
among
businesses
had
to
be
taken
to
the
traditional
courts
and
they
sometimes
took
10
–
15
years
to
resolve.
The
Commercial
Court
since
its
inception
has
been
able
to
minimize
the
time
and
costs
of
commercial
disputes.
The
Judicial
Service
has
constructed
a
Court
of
Appeals
in
Kumasi
which
has
been
officially
opened.
The
Judiciary
Service
intends
to
use
one
of
the
courts
as
a
Commercial
Court.
This
means
there
will
be
two
(2)
Commercial
Courts
in
the
country.
Cases
are
settled
quickly
within
an
average
period
of
three
(3)
months,
through
a
mediation
procedure,
all
things
being
equal.
The
court
has
rules
that
prevent
it
from
keeping
cases
at
the
court
for
a
long
time.
5.7.1
Undertake
Study
on
Access
to
Justice
for
Businesses,
esp.
MSMEs,
and
Development
of
Cost
Effective
(Non
–
Court)
Solutions
Through
the
Alternative
Dispute
Resolution
(ADR)
mechanism,
MSMEs
have
a
procedure
to
solve
disputes
cost
effectively.
ADR
mechanisms
that
are
used
in
the
country
include
negotiations,
mediations
and
arbitrations.
Negotiations
procedures
usually
involve
offers
and
counter-‐offers
being
exchanged
by
the
parties
involved
in
the
dispute
until
the
proposals
are
acceptable
to
both
parties.
Advocates
of
contemporary
negotiations
in
the
country
call
for
“Good
Faith
Negotiations”
where
the
parties
consider
the
interest
of
the
other
parties
and
assist
in
resolving
the
disputes.
The
Labour
Act,
2003
(Act
651)
advocates
this
method
of
negotiation.
In
mediation
procedures,
the
parties
voluntarily
select
and
invite
a
neutral
third
party,
to
help
them
in
exploring
viable
options
to
conclusively
resolve
disputes
amicably.
The
ADR
mechanism
at
the
Commercial
Court
is
free
of
charge,
however
if
the
parties
want
an
independent
mediator,
the
court
will
recommend
one
but
at
a
cost.
5.7.2
Continue
Training,
Resource
Provision,
and
Monitoring
of
Quality
of
the
New
Commercial
Court
The
Commercial
Courts
are
funded
from
government,
donor
and
internally
generated
sources.
Currently,
the
courts
have
requested
for
more
personnel
in
order
to
maintain
the
quality
of
the
service.
95