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Alternative Dispute Resolution in Tanzania

Author: Mashamba, Clement J.

Publisher: Mkuki na Nyota Publishers

Published: 2014-09-01

Total Pages: 226

ISBN-13: 9987753051

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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.

Book Synopsis Alternative Dispute Resolution in Tanzania by : Mashamba, Clement J.

Download or read book Alternative Dispute Resolution in Tanzania written by Mashamba, Clement J. and published by Mkuki na Nyota Publishers. This book was released on 2014-09-01 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Resolving land disputes through alternative dispute resolution (ADR). An overview of Tanzania's legal framework

Author: Burhani Kishenyi

Publisher: GRIN Verlag

Published: 2017-05-15

Total Pages: 71

ISBN-13: 3668447012

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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.

Book Synopsis Resolving land disputes through alternative dispute resolution (ADR). An overview of Tanzania's legal framework by : Burhani Kishenyi

Download or read book Resolving land disputes through alternative dispute resolution (ADR). An overview of Tanzania's legal framework written by Burhani Kishenyi and published by GRIN Verlag. This book was released on 2017-05-15 with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Alternative Disputes Resolution in Tanzania. Modes and Challenges

Author: Datius Didace

Publisher: GRIN Verlag

Published: 2022-09-02

Total Pages: 40

ISBN-13: 3346714640

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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.

Book Synopsis Alternative Disputes Resolution in Tanzania. Modes and Challenges by : Datius Didace

Download or read book Alternative Disputes Resolution in Tanzania. Modes and Challenges written by Datius Didace and published by GRIN Verlag. This book was released on 2022-09-02 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Dispute Resolution

Author: Paul Pretorius

Publisher:

Published: 1993

Total Pages: 262

ISBN-13:

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Contains articles written by 13 different contributors covering different aspects of dispute resolution. Topics covered include the psychology of mediation, environmental disputes in communities, specialized arbitration and mediation, and arbitration and mediation in the construction industry.

Book Synopsis Dispute Resolution by : Paul Pretorius

Download or read book Dispute Resolution written by Paul Pretorius and published by . This book was released on 1993 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains articles written by 13 different contributors covering different aspects of dispute resolution. Topics covered include the psychology of mediation, environmental disputes in communities, specialized arbitration and mediation, and arbitration and mediation in the construction industry.

Alternative Dispute Resolution and Peace-building in Africa

Author: Ernest E. Uwazie

Publisher: Cambridge Scholars Publishing

Published: 2014-06-26

Total Pages: 265

ISBN-13: 1443862541

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Conflicts in Africa have a great deal in common, and striking parallels can be drawn between them at all levels. Dynamics affecting the most complex war-time conflicts, civil unrest and other macro disputes are in play even in the smallest community conflicts. The converse is also true: lessons learned through community mediation, for example in South Africa, are applicable to the most complex and largest conflicts to be found on the continent. Together, the eleven chapters in this publication, in addition to the prologue and epilogue, suggest that a comprehensive assessment of efforts and investments in conflict resolution and peace studies in Africa since the mid-1990s is due in order to identify lessons and challenges, as well as best practices. Just as conflict dynamics are comparable between African conflicts, whether large or small, local or international, so are alternative dispute resolution processes. Effective approaches to resolving large-scale conflicts and civil wars are effective at the community level, and ineffectual techniques at the community level are just as likely to be counter-productive in mediating international disputes. While there may be some differences in mediating macro- and micro-conflicts (such as the time required, the need for negotiation teams, and the complexities of agenda development or pre-negotiations), as far as the mediation process is concerned, the differences are more like variations on a theme than real substantive dissimilarities. This volume provides case studies of programs and policies, and legislations on alternative dispute resolution and peace building, and examines and proposes some new, promising ideas for conflict prevention, as well as maintenance of peace, justice and security in Africa.

Book Synopsis Alternative Dispute Resolution and Peace-building in Africa by : Ernest E. Uwazie

Download or read book Alternative Dispute Resolution and Peace-building in Africa written by Ernest E. Uwazie and published by Cambridge Scholars Publishing. This book was released on 2014-06-26 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflicts in Africa have a great deal in common, and striking parallels can be drawn between them at all levels. Dynamics affecting the most complex war-time conflicts, civil unrest and other macro disputes are in play even in the smallest community conflicts. The converse is also true: lessons learned through community mediation, for example in South Africa, are applicable to the most complex and largest conflicts to be found on the continent. Together, the eleven chapters in this publication, in addition to the prologue and epilogue, suggest that a comprehensive assessment of efforts and investments in conflict resolution and peace studies in Africa since the mid-1990s is due in order to identify lessons and challenges, as well as best practices. Just as conflict dynamics are comparable between African conflicts, whether large or small, local or international, so are alternative dispute resolution processes. Effective approaches to resolving large-scale conflicts and civil wars are effective at the community level, and ineffectual techniques at the community level are just as likely to be counter-productive in mediating international disputes. While there may be some differences in mediating macro- and micro-conflicts (such as the time required, the need for negotiation teams, and the complexities of agenda development or pre-negotiations), as far as the mediation process is concerned, the differences are more like variations on a theme than real substantive dissimilarities. This volume provides case studies of programs and policies, and legislations on alternative dispute resolution and peace building, and examines and proposes some new, promising ideas for conflict prevention, as well as maintenance of peace, justice and security in Africa.

International Dispute Settlement

Author: J. G. Merrills

Publisher: Cambridge University Press

Published: 2011-03-17

Total Pages: 387

ISBN-13: 1139500120

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A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.

Book Synopsis International Dispute Settlement by : J. G. Merrills

Download or read book International Dispute Settlement written by J. G. Merrills and published by Cambridge University Press. This book was released on 2011-03-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.

Alternative Disputes Resolution in Nigeria

Author: Derri, Damfebo Kieriseiye

Publisher: Malthouse Press

Published: 2016-04-30

Total Pages: 233

ISBN-13: 9785407055

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Broad aspects of Alternative Disputes Resolution (ADR)and Arbitration are covered in this book, with emphasis on the application of ADR to specific areas. It describes in very succinct manner the meaning of ADR, analyses conflict under ADR models, their advantages over courtroom litigation and why it should be embraced. Chapter 5 is a particularly notable contribution to the body of knowledge, where the author demonstrates how it can be used to resolve matters in the heart of society, commercial and political disputes such as investment and election disputes. The book is not only a handy textbook for use by teachers and students, but should also meet the increasing needs of practising lawyers, judges, other professionals and corporate practitioners, oil and banking industries, the trades unions and state agencies concerned with mediation, conciliation and arbitration.

Book Synopsis Alternative Disputes Resolution in Nigeria by : Derri, Damfebo Kieriseiye

Download or read book Alternative Disputes Resolution in Nigeria written by Derri, Damfebo Kieriseiye and published by Malthouse Press. This book was released on 2016-04-30 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Broad aspects of Alternative Disputes Resolution (ADR)and Arbitration are covered in this book, with emphasis on the application of ADR to specific areas. It describes in very succinct manner the meaning of ADR, analyses conflict under ADR models, their advantages over courtroom litigation and why it should be embraced. Chapter 5 is a particularly notable contribution to the body of knowledge, where the author demonstrates how it can be used to resolve matters in the heart of society, commercial and political disputes such as investment and election disputes. The book is not only a handy textbook for use by teachers and students, but should also meet the increasing needs of practising lawyers, judges, other professionals and corporate practitioners, oil and banking industries, the trades unions and state agencies concerned with mediation, conciliation and arbitration.

Commercial Alternative Dispute Resolution

Author: Maxwell J. Fulton

Publisher: Lawbook Company

Published: 1989

Total Pages: 180

ISBN-13:

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Book Synopsis Commercial Alternative Dispute Resolution by : Maxwell J. Fulton

Download or read book Commercial Alternative Dispute Resolution written by Maxwell J. Fulton and published by Lawbook Company. This book was released on 1989 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Alternative Dispute Resolution

Author: Albert Fiadjoe

Publisher: Routledge

Published: 2013-03-04

Total Pages: 191

ISBN-13: 1135332096

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This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous. This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership. The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.

Book Synopsis Alternative Dispute Resolution by : Albert Fiadjoe

Download or read book Alternative Dispute Resolution written by Albert Fiadjoe and published by Routledge. This book was released on 2013-03-04 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous. This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership. The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.

Alternative Dispute Resolution in South Africa

Author: Tobias Gerhardus Wiese

Publisher:

Published: 2016

Total Pages:

ISBN-13: 9781485136675

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Book Synopsis Alternative Dispute Resolution in South Africa by : Tobias Gerhardus Wiese

Download or read book Alternative Dispute Resolution in South Africa written by Tobias Gerhardus Wiese and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: