Challenges facing the Implementation of Court-Annexed Mediation in the Commercial Division of the High Court of Tanzania

The ADR in Tanzania was first manifested in 1994 by G.N No 422 which amended the first schedule of the Civil Procedure Code and introduced court-annexed ADR to resolve civil disputes amicably. The application of ADR in resolving disputes is not only limited to normal civil disputes but also extended to resolve, Tax disputes, labour disputes, investment disputes and commercial disputes in the Commercial Division of the High Court of Tanzania. Therefore, this paper explores Alternative Dispute Resolution (ADR) and its application in resolving civil disputes, focusing on court-annexed mediation as a key mechanism for resolving disputes in the Commercial Court. The article also highlights the evolution of court-annexed mediation and its impact on dispute resolution by tracing its historical background and the legal foundations underpinning its practice. The paper also explores fundamental principles governing court-annexed mediation to see if the conduct of court-annexed mediation in the Commercial Division of the High Court of Tanzania aligns with existing mediation principles. Moreover, the article provides practical challenges and recommendations for the effective use of court-annexed mediation in resolving commercial disputes, aiming for positive outcomes and enduring resolutions.