The Challenges Facing the Mediation Centre of the High Court of Tanzania Mainland

  • Ramadhani Mussa Kalinga
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  • Ramadhani Mussa Kalinga

    LL.M. student at Tumaini University Dar es Salaam College (TUDARCo) and Senior State Attorney at National Prosecutions Service (NPS), Tanzania

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Abstract

Mediation is the mode of settling disputes between disputants with the assistance of an appointed neutral third party, commonly known as a mediator, whose presence is only to facilitate discussions of amicable settlement of the dispute and their decision is non-binding. Formally, mediation was introduced in Tanzania in 2015, in the civil and land lawsuit. Moreover, the government introduced mandatory mediation, also called court-annexed mediation, to encourage disputing parties to use the mediation process as a preferred way to resolve disputes. Furthermore, to promote the use of modern dispute settlement Mechanisms, the Government of the United Republic of Tanzania through the Judiciary, established a specialized Alternative Disputes Resolution Centre of the High Court of Tanzania, namely the High Court of Tanzania Mediation Centre, in Mainland Tanzania that specifically deals with settlement of disputes through ADR mechanisms aiming to combat the backlog of cases in courts. This article intends to evaluate the efficiency and effectiveness of the established Mediation Centre in tackling the backlog of cases in courts.

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International Journal of Law Management and Humanities, Volume 7, Issue 4, Page 2186 - 2199

DOI: https://doij.org/10.10000/IJLMH.118222

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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Copyright © IJLMH 2021