Abstract

This article examines the integration of Online Dispute Resolution (ODR) with traditional Alternative Dispute Resolution (ADR) mechanisms within Tanzania’s legal framework, assessing both its potential and challenges. Utilizing a mixed-method approach, the study combines doctrinal analysis and empirical research to evaluate the compatibility and effectiveness of ODR in Tanzania. The doctrinal analysis explores key legal frameworks, including the Constitution of the United Republic of Tanzania, the Civil Procedure Code, the Arbitration Act, and relevant regulations, while the empirical research involves interviews and surveys with legal practitioners, stakeholders, and TRA officials. The findings reveal that while Tanzania’s legal system provides a solid foundation for dispute resolution, significant updates are required to accommodate the digital aspects of ODR. Challenges include ensuring legal recognition and enforcement of ODR decisions, safeguarding privacy and data security, and overcoming cultural and infrastructural barriers. The article concludes that to effectively integrate ODR with existing ADR mechanisms, comprehensive reforms are necessary, including legislative updates, investment in ICT infrastructure, and enhanced public awareness. Recommendations for stakeholders emphasize the need for clear legal provisions for ODR, robust security measures, and a coordinated approach involving the government, legislature, policymakers, and private sector. Addressing these challenges will enhance the accessibility, efficiency, and effectiveness of dispute resolution in Tanzania, aligning it with contemporary technological advancements.

Keywords