Alternative Disputes Resolution In Tanzania Modes And Challenges
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| Author | : Datius Didace |
| Publisher | : GRIN Verlag |
| Total Pages | : 40 |
| Release | : 2022-09-02 |
| Genre | : Law |
| ISBN | : 3346714640 |
Academic Paper from the year 2022 in the subject Law - Public Law / Miscellaneous, grade: 1, Mzumbe University (FACULTY OF LAW), language: English, abstract: 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.
| Author | : J. Mashamba |
| Publisher | : African Books Collective |
| Total Pages | : 226 |
| Release | : 2014-09-02 |
| Genre | : Law |
| ISBN | : 998775354X |
Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.
| Author | : Burhani Kishenyi |
| Publisher | : GRIN Verlag |
| Total Pages | : 71 |
| Release | : 2017-05-15 |
| Genre | : Law |
| ISBN | : 3668447012 |
Master's Thesis from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, , course: Master of Laws in Mediation and Arbitration, language: English, abstract: Upon reform of land laws in 1999 following the National Land Policy of 1995 the new system for adjudication on land disputes aimed at adopting a procedure which is not tied to legal technicalities and that which is not strictly bound by rules of practice or procedure but which aims at delivering substantial justice. That’s why land laws embody some forms of ADR. The main purpose of this study was therefore to examine the effectiveness of ADR legal framework in Tanzania and how useful it is in resolving land disputes. ADR processes currently in use in Tanzania are critically examined and their shortcomings reviewed. The legal framework for ADR and the role they play in providing the supporting structure for land dispute resolution are evaluated. Future prospects for ADR are indicated and recommendations for successful implementation of ADR in resolving land disputes are given. The study has revealed that despite the specialized court system for land disputes settlement there is no distinct legal regime for use of ADR at all levels of land dispute settlement machinery. The only method of ADR in use at the High Court level is mediation through court annexed mediation like in any other civil cases though there are no procedural Rules guiding the same. Negotiation is rarely used where parties to the dispute opt to resolve the matter out of court and then file a deed of settlement in court.
| Author | : René Provost |
| Publisher | : Cambridge University Press |
| Total Pages | : 457 |
| Release | : 2017-02-02 |
| Genre | : Law |
| ISBN | : 1107163331 |
This book examines whether law, as a cultural practice, can apply across cultural boundaries to bind people with vastly different beliefs and practices.
| Author | : Maria F. Moscati |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 608 |
| Release | : 2020-12-25 |
| Genre | : Law |
| ISBN | : 1786433036 |
Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of chapters on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies. Chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.
| Author | : Michael L. Moffitt |
| Publisher | : John Wiley & Sons |
| Total Pages | : 580 |
| Release | : 2012-06-28 |
| Genre | : Law |
| ISBN | : 1118429834 |
This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.
| Author | : World Bank |
| Publisher | : World Bank Publications |
| Total Pages | : 254 |
| Release | : 2019-11-21 |
| Genre | : Business & Economics |
| ISBN | : 1464814414 |
Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.
| Author | : Erica Harper |
| Publisher | : |
| Total Pages | : 203 |
| Release | : 2011 |
| Genre | : Customary law |
| ISBN | : 9788896155059 |
"Working with Customary Justice Systems: Post-conflict and Fragile States is a collection of articles from the 'Legal Empowerment and Customary Law Research Grants' program, where seven bursaries were awarded to scholar-practitioners to develop and conduct empirically grounded and evidence-based research programs to evaluate the impact of an empowerment-based initiative involving customary justice. The case studies illustrate that what is effective is situation-specific and contingent upon a variety of factors including, among others, social norms, the presence and strength of a rule of law culture, socioeconomic realities and national and geo-politics"--Provided by publisher.
| Author | : Chiara Giorgetti |
| Publisher | : BRILL |
| Total Pages | : 450 |
| Release | : 2015-07-14 |
| Genre | : Law |
| ISBN | : 9004302123 |
Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals examines one of the fundamental control mechanisms of international dispute resolution. In doing so, the book assesses procedures, standards and outcomes of challenges and recusals in some of the main international courts and tribunals, including the ICJ, ICSID, the PCA, the WTO, the Iran-US Claims Tribunal, the ICC and international criminal courts. The book analyzes specific grounds for challenges and how they are applied, while also presenting personal perspectives on challenges and recusals from the point of view of arbitrators and counsel. The book also examines regional differences in challenges and recusals. This unique approach allows a comparative view on both procedural and substantive issues, and also provides a clear and in-depth study of specific forums.
| Author | : Adam J. Mambi |
| Publisher | : African Books Collective |
| Total Pages | : 320 |
| Release | : 2010 |
| Genre | : Business & Economics |
| ISBN | : 998708074X |
This volume collects notable writings of Barnabas A. Samatta, Chief Justice of Tanzania from 2000 to his retirement in 2007, together with writings by others that document his career and show the judgment of his peers about his work on the Court of Appeal of Tanzania. The writings include Samatta's thoughts on Tanzania's constitutional order and the importance of the rule of law, as well as a number of key rulings and judgments. Annotation ©2011 Book News, Inc., Portland, OR (booknews.com).
