Mediation as a 21st century conflict resolution mechanism: Exploring procedural fairness experiences of mediation users in Ghanaian courts

Abstract

Mediation has become a contemporary conflict resolution mechanism in the 21st century that offers an alternative to traditional legal processes. This qualitative study explores the experiences of mediation users in three courts in the Central Region of Ghana, with a focus on procedural fairness. Grounded in the theory of procedural fairness, the study examines how Ghanaian and African conceptions of fairness influence mediation practice. The study found that the Ghanaian and African understanding of procedural fairness is rooted in specific situations—taking into account parties' demands in generating settlement agreements, allowing parties to select their mediators, involving important personalities in mediation, ensuring the fair settlement of cases, and deciding who should speak first. Participants evaluated procedural fairness within the context of confidentiality, neutrality, party empowerment, and the assurance of being heard. These evaluations align with what has been reported in Western literature. This research contributes to the growing body of literature on conflict resolution by providing insights into the significance of procedural fairness within mediation practice, with specific reference to Ghana. The findings underscore the importance of aligning mediation processes with principles of procedural fairness, offering valuable lessons for practitioners, policymakers, and researchers who seek to optimize the efficacy and fairness of mediation as a conflict resolution mechanism.