Justification for Implementing Victim-Offender Mediation in the Criminal Justice System of Ghana.

Abstract

This study seeks to ascertain whether there are justifications for implementing Victim Offender Mediation (VOM) – a key Alternative Dispute Resolution (ADR) process capable of solving the shortcomings of the Criminal Justice Systems of Ghana. Doctrinal approach to legal research was deployed using qualitative research method in perusing and analysing provisions of the Courts Act 1993 Alternative Dispute Resolution Act 2010, Children’s Act 1998, Domestic Violence Act 2007 and Juvenile Justice Act 2003. It also analysed literature on the use of ADR processes in criminal matters. It was found that the selected enactments with the exception of Domestic Violence Act 2007 provided justifications for implementing VOM in Ghana. The research also reveals that only offences in the categories of misdemeanor which are not aggravated in degree and offences regarded as minor offences can be referred for settlement by VOM. Further, criminal cases involving matters of public interest and those affecting the environment could not be resolved using VOM. It is recommended that the courts should take advantage of these findings to implement the use of VOM in resolving criminal cases in Ghana; the Judicial service should liaise with experts in VOM to provide training to judges and other stakeholders to enhance their capacities to implement VOM models in Ghana; and there should be sensitization of the public on the mechanics of VOM in resolving criminal cases so that a court will not appear to its audience as compromising the criminal justice system when it refers criminal cases for settlement by VOM.