Abstract

Most jurisdictions do not use arbitration in family matters but only apply it in commercial disputes. There has recently been a shift to a situation where more and more countries refer family disputes to arbitration for resolution. The practicality of arbitration and the rising case backlog in courts in Tanzania as well as the success of arbitration in family courts in other jurisdictions calls for a reconsideration of policy issues that bar the adoption of arbitration in family courts and the wording of national civil codes will be instrumental in this respect. Whereas it is important to consider non-court approaches in all disputes, as a way of promoting harmony the scope of family arbitration could be restricted to aspects of family matters with financial impacts and family property disputes. Overall, the study finds that in countries where arbitration is permissible in family disputes, issues such as the dissolution of marriage are among the least controversial being at the heart of the arbitration procedure and substance. The study concludes that a series of recommendations including legal, personnel, and institutional changes geared towards using family arbitration mechanisms to complement the existing models of family dispute settlement, by considering the fundamental role the family unit plays in society.

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