A snapshot of emotional harms caused by the litigation process – Qualitative data from Ghana
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Date
2021
Journal Title
Journal ISSN
Volume Title
Publisher
Forensic Science International: Mind and Law
Abstract
Background: Very few studies have investigated the effect of the process of litigation on the mental health of
litigants. In Ghana, not much is known about the stress that litigants encounter and how they cope during the
process of litigation.
Methods: This study used a mixed-method sequential explanatory design to explore the stressors people litigating
as individuals encounter in Ghana and how they cope in the process of litigation. As the second phase following
the quantitative stage, interviews were conducted with seventeen (male ¼ 13, female ¼ 4) litigants (de fendants ¼ 4, plaintiffs ¼ 13) who were selected (using criterion sampling) from the Law Court Complex in Accra,
Ghana. Their average age and the average duration of the case was 50.13 (SD ¼ 12.55), and 26.7 months
respectively.
Results and discussion: To explain the results found in the quantitative phase, three themes with subthemes were
extracted from the data set: challenges in the court process, emotional consequences of the litigation process, and coping
mechanisms. The frequent adjournments of cases, delays on court days, deliberate dragging of cases, financial
strain, and opportunity cost, were the challenges encountered by litigants in the court process. These led to
emotional outcomes such as stress, overstraining, sleepless nights, numbness, and the acceptance of court pro ceedings as part of life. To help them cope with these emotional outcomes, litigants looked for a light at the end of
the tunnel and reliance on their faith. The stressful nature of the court process and how litigants cope with the
process of litigation is discussed. Consequently, we recommend that people be educated about Bar etiquette and
court procedures. Additionally, we suggest that lawyers should provide some form of scientifically-derived esti mation of how long a case might last. It is also recommended that law firms consider providing counselling
sessions for their clients.
Description
Research Article
Keywords
Stress, Coping, Litigants