Alternative Disputes Resolution in Tanzania. Modes and Challenges

This paper intends to discuss the challenges facing of alternative dispute resolutions in Tanzania. In doing so the work will explore the meaning of Alternative Dispute Resolution, brief history of Alternative Dispute Resolution, thereafter modes of alternative dispute resolution currently used in Tanzania, and lastly I’m going to discuss the challenges facing alternative dispute resolution (ADR) in Tanzania.

It is unarguable fact that, disputes are one amongst the issues which are likely to appear where there are more than one individual occupying a certain geographical location. Basically, conflicts arise out of a misunderstanding between two or more individuals. Nevertheless, the existence of conflicts or disputes presupposes the existence of methods of settling them, the United Republic of Tanzania disciples the common law legal system which is believed to be the legacy of the British colonialists, Generally, the common law legal system is featured by adversarial mode of disputes settlement. The common way of settling dispute under this mode is by way of court litigation or adjudication. The end product of the system is in the form of winner takes all and loser loses all.

However, this justifies the arguments raised by peoples that, the adversarial mode of dispute settlement spices enmity amongst the disputants rather than shipping them to the safe coast. Actually, this is one amongst the reasons for the adoption of the Alternative Disputes Resolutions (hereinafter referred to as ADR) as another form of settling disputes. ADR encourages disputants to settle their disputes out of the court. There are several modes under ADR including but limited to mediation, arbitration, negotiation and early neutral case evaluation. But frankly speaking, methods introduced under ADR were applicable during the pre-colonial era in Tanzania.

Inhaltsverzeichnis (Table of Contents)

• 1.0 INTRODUCTION
• 1.1 MEANING OF DISPUTE SETTLEMENT
• 1.2 MEANING OF ALTERNATIVE DISPUTE RESOLUTION
• 2.0 BRIEF HISTORY OF ALTERNATIVE DISPUTE RESOLUTION
• 3.0 MODES OF ALTERNATIVE DISPUTE RESOLUTION USED IN TANZANIA
• 3.1 MEDIATION
• 3.1.1 FACTOR SHOWS THAT WHY MEDIATION FAILED ?
• 3.1.01 Poor negotiating skills of the parties
• 3.1.02 Unrealistic expectations on the side of the parties
• 3.1.03 Revengeful character of the parties
• 3.1.04 Failure to communicate the interests effectively by the mediator
• 3.1.05 Failure to generate options by the mediator
• 3.1.06 Interference or negative effect by a third party
• 3.1.07 Poor skills of mediators
• 3.2 CONCILIATION
• 3.3 ARBITRATION
• 3.3.1 Arbitration Agreement
• 3.4 NEGOTIATION
• 3.5 EARLY NEUTRAL CASE EVALUATION
• 14.0 CHALLENGES FACING ALTERNATIVE DISPUTE RESOLUTION (ADR) IN TANZANIA
• 4.1 Lack of legal knowledge and training in conducting mediation and arbitration is evident in a decision by the Commission
• 4.2 Absence of International Centre for ADR mechanism in Tanzania
• 4.3 Lack of awareness on existence of Alternative Dispute Resolution
• 4.4 Inadequacy Experience with Enforcement of Foreign Awards by the Court
• 4.5 Delay of cases and Court intervention in arbitration
• 4.6 Lack of seriousness on the part of the judiciary
• 4.8 Imbalance of Power between the Parties
• 4.9 Shortage of effective Dispute Resolution techniques into the mainstream
• 4.10 The use of the right to review to get justice is being exploited
• 5.0 ADVANTAGES OF ALTERNATIVE DISPUTES RESOLUTION
• 5.1 Alternative Disputes Resolution is speedy
• 5.2 Alternative disputes resolution gives room to parties to arrange all things concerning their case
• 5.3 Alternative Disputes Resolution
• 5.4 Alternative disputes resolution maintains confidentiality
• 5.5 Alternative disputes resolution maintain relation
• 5.6 Alternative disputes resolution prevents future disputes
• 6.0 CONCLUSION

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This work explores the challenges facing alternative dispute resolution (ADR) in Tanzania. It examines the meaning and history of ADR, the various modes of ADR used in the country, and the obstacles that hinder its widespread adoption.

• The importance of dispute resolution in maintaining social harmony and security.
• The historical context and evolution of ADR in Tanzania.
• The advantages and disadvantages of different ADR methods like mediation, conciliation, arbitration, negotiation, and early neutral case evaluation.
• The legal and practical challenges that hinder the effectiveness of ADR in Tanzania.
• The benefits of ADR in terms of speed, efficiency, confidentiality, and relationship maintenance.

Zusammenfassung der Kapitel (Chapter Summaries)

The introduction establishes the significance of dispute resolution in a society and highlights the transition from traditional methods to formal court-based systems. It then introduces ADR as an alternative approach to resolving conflicts, focusing on the specific context of Tanzania.

The following section delves into the history of ADR in Tanzania, tracing its origins and evolution within the country. This provides a historical backdrop for understanding the current state of ADR practices.

The chapter dedicated to modes of ADR in Tanzania examines different methods like mediation, conciliation, arbitration, negotiation, and early neutral case evaluation. It analyzes each method in detail, explaining its procedures and characteristics, and highlighting its strengths and limitations.

A significant section focuses on the challenges facing ADR in Tanzania. It identifies several obstacles including a lack of legal knowledge and training, absence of an International Centre for ADR, inadequate awareness about ADR, difficulty in enforcing foreign awards, court intervention in arbitration, and inadequate judicial seriousness. These challenges reveal the complexities and barriers that hinder the successful implementation of ADR in the Tanzanian context.

A final chapter prior to the conclusion highlights the advantages of ADR. It emphasizes its benefits in terms of speed, flexibility, confidentiality, relationship maintenance, and prevention of future disputes. This emphasizes the potential of ADR as a valuable tool for conflict resolution in Tanzania.

Schlüsselwörter (Keywords)

Alternative Dispute Resolution, ADR, Dispute Settlement, Tanzania, Mediation, Conciliation, Arbitration, Negotiation, Early Neutral Case Evaluation, Legal Challenges, Advantages of ADR, Enforcement of Foreign Awards, Court Intervention, Awareness, Training, Judicial Seriousness.

Details

• College: Mzumbe University (FACULTY OF LAW)
• Grade: 1
• Author: Datius Didace (Author)
• Publication Year: 2022
• Pages: 34
• Catalog Number: V1267939
• ISBN (eBook): 9783346714640
• ISBN (Book): 9783346714657
• Language: English
• Tags: alternative disputes resolution tanzania modes challenge conciliation