An Assessment of the Implementation of Mediation as an Alternative Dispute Resolution in Litigation Process in Tanzania:

Abstract

In Tanzania and most communities across the world, conflict is an inevitable part of life. However, it is important to resolve conflicts in accordance with established methods, thus why Tanzania has courts and introduced Alternative Dispute Resolution (ADR) in 1994 under the leadership of the late Chief Justice Francis Nyalali. This study evaluated the use of mediation as an Alternative Dispute Resolution procedure in the litigation process using a high court registry, Mwanza case study. Examining mediation as an ADR that can resolve disputes amicably and leave the parties or society at large feeling secure and at peace were some of the specific goal of this study. Other objectives included assessing the efficacy of mediation as an ADR in Tanzania's high court, Mwanza registry and examining how mediation can help the government and the disputing parties by saving money and time, as well as by providing security and peace to the parties or society at large. This study utilized conflict theory and Human need theory. Its research design was descriptive and explanatory, with advocates, state attorneys, public prosecutors, and the CMA region office Mwanza as its stakeholders. Purposive and convenience sampling were used to obtain representatives of the study's target population, which is 80, with a sample size of 30. This research employed a triangulation strategy, which combines data collection from primary and secondary sources. Questionnaires and semi structured interviews were used to collect primary data, and a variety of published and unpublished sources were used to obtain secondary data. Frequencies and percentages were produced using the statistical package for social science (SPSS), and descriptive and inferential statistics were used for analysis. The research shows that knowledge of mediation as a conflict resolution technique is important for settling disputes and ensuring the safety and tranquility of the community. The research findings indicate that in Tanzania's high courts, Mwanza registry mediation as an ADR is ineffective in settling disputes due to the lack of a dedicated mediation forum, even with mechanisms in place such as the law day of 2023 slogan, which advocates for mediation over litigation. A separate venue for mediation in high court should be established before going to normal court, as in the case of CMA. Hence clubs and disks for mediation should be established to emphasis using mediation in different areas.