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Alternative Dispute Resolution in Tanzania Law and Practice 1st Edition by Clement J Mashamba ISBN 998775354X 9789987753543

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Alternative Dispute Resolution in Tanzania Law and Practice 1st Edition Clement J. Mashamba Digital Instant Download

Author(s): Clement J. Mashamba
ISBN(s): 9789987753543, 998775354X
Edition: 1
File Details: PDF, 1.25 MB
Year: 2014
Language: english
SKU: EB-51568706 Category: Tag:

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ISBN 10: 998775354X 
ISBN 13: 9789987753543
Author: Clement J Mashamba

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.

Alternative Dispute Resolution in Tanzania Law and Practice 1st Table of contents:

Part 1: The Genesis of Alternative Dispute Resolution (ADR)

  • Chapter 1: Understanding disputes, conflicts, their nature, causes, and analysis tools.

  • Chapter 2: Concept, origins, spread, and benefits of ADR globally and in Africa.

  • Chapter 3: The cultural context of ADR in Africa, focusing on Ubuntu and traditional justice systems.

  • Chapter 4: The transplantation of ADR into Tanzania, its colonial legal background, introduction, challenges, and recommendations.

Part 2: Theories and Principles of Alternative Dispute Resolution (ADR)

  • Chapter 5: Theories and principles of negotiation—approaches, models, goals, and skills.

  • Chapter 6: Mediation—the roles, nature, advantages, techniques, and legal implications.

  • Chapter 7: International arbitration—definition, evolution, principles, pros/cons, corruption issues, and human rights considerations.

Part 3: Law and Practice of ADR in Tanzania

  • Chapter 8: ADR practice in Tanzanian courts—legal amendments, procedures, mediation sessions, and settlement agreements.

  • Chapter 9: Arbitration law and practice in Tanzania—sources of law, compliance, jurisdiction, arbitrators’ roles, procedures, ethical rules, and enforcement of awards.

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Tags: Clement J Mashamba, Alternative Dispute, Tanzania Law