An examination of the effectiveness of court annexed alternative dispute resolution (ADR) mechanism in expediting determination of disputes

Loading...
Thumbnail Image
Date
2009
Journal Title
Journal ISSN
Volume Title
Publisher
University of Dar es Salaam
Abstract
This study sought to examine the success of ADR in Tanzania Mainland. The test of the success of ADR was based on the main objects for which the same was introduced in Tanzania. It is the position of the study that the main object of ADR was to eliminate delays of cases which indeed denied right to litigants. The study was guided by one main hypothesis, which is as follows: the alternative Dispute settlement mechanism, under the Civil Procedure Code Act are not adequately framed to achieve the intended goals. The hypothesis has been well proved. The study has revealed that despite the strategy introduced by ADR seeking to define the time framework within which civil litigations would come to an end, in most of the cases it has been difficult to finalize cases within the defined speed tracks. As a result, more times have been consumed to entertain applications for dispending with the scheduling orders. Equally so, it has been established that the importation of mediation as mandatory legal requirement, has been a cause of delay especially where either of the parties or both are unwilling to the mediated. The study has suggested reforms in law such as establishing separate institutions from judges and magistrates to deal with ADR.
Description
Available in print form, East Africana Collection, Dr. Wilbert Chagula Library, Class Mark (THS EAF KRD.I27)
Keywords
Dispute resolution, Courts, Law and legislation
Citation
Ibrahim, A (2009) An examination of the effectiveness of court annexed alternative dispute resolution (ADR) mechanism in expediting determination of disputes, Master dissertation, University of Dar es Salaam