Alternative Dispute Resolution In Tanzania

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Alternative Dispute Resolution in Tanzania

Author : Mashamba, Clement J.
Publisher : Mkuki na Nyota Publishers
ISBN 13 : 9987753051
Total Pages : 224 pages
Book Rating : 4.9/5 (877 download)

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Book Synopsis Alternative Dispute Resolution in Tanzania by : Mashamba, Clement J.

Download or read book Alternative Dispute Resolution in Tanzania written by Mashamba, Clement J. and published by Mkuki na Nyota Publishers. This book was released on 2014-09-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Resolving land disputes through alternative dispute resolution (ADR). An overview of Tanzania's legal framework

Author : Burhani Kishenyi
Publisher : GRIN Verlag
ISBN 13 : 3668447012
Total Pages : 71 pages
Book Rating : 4.6/5 (684 download)

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Book Synopsis Resolving land disputes through alternative dispute resolution (ADR). An overview of Tanzania's legal framework by : Burhani Kishenyi

Download or read book Resolving land disputes through alternative dispute resolution (ADR). An overview of Tanzania's legal framework written by Burhani Kishenyi and published by GRIN Verlag. This book was released on 2017-05-15 with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, , course: Master of Laws in Mediation and Arbitration, language: English, abstract: Upon reform of land laws in 1999 following the National Land Policy of 1995 the new system for adjudication on land disputes aimed at adopting a procedure which is not tied to legal technicalities and that which is not strictly bound by rules of practice or procedure but which aims at delivering substantial justice. That’s why land laws embody some forms of ADR. The main purpose of this study was therefore to examine the effectiveness of ADR legal framework in Tanzania and how useful it is in resolving land disputes. ADR processes currently in use in Tanzania are critically examined and their shortcomings reviewed. The legal framework for ADR and the role they play in providing the supporting structure for land dispute resolution are evaluated. Future prospects for ADR are indicated and recommendations for successful implementation of ADR in resolving land disputes are given. The study has revealed that despite the specialized court system for land disputes settlement there is no distinct legal regime for use of ADR at all levels of land dispute settlement machinery. The only method of ADR in use at the High Court level is mediation through court annexed mediation like in any other civil cases though there are no procedural Rules guiding the same. Negotiation is rarely used where parties to the dispute opt to resolve the matter out of court and then file a deed of settlement in court.

Alternative Disputes Resolution in Tanzania. Modes and Challenges

Author : Datius Didace
Publisher : GRIN Verlag
ISBN 13 : 3346714640
Total Pages : 40 pages
Book Rating : 4.3/5 (467 download)

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Book Synopsis Alternative Disputes Resolution in Tanzania. Modes and Challenges by : Datius Didace

Download or read book Alternative Disputes Resolution in Tanzania. Modes and Challenges written by Datius Didace and published by GRIN Verlag. This book was released on 2022-09-02 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic Paper from the year 2022 in the subject Law - Public Law / Miscellaneous, grade: 1, Mzumbe University (FACULTY OF LAW), language: English, abstract: This paper intends to discuss the challenges facing of alternative dispute resolutions in Tanzania. In doing so the work will explore the meaning of Alternative Dispute Resolution, brief history of Alternative Dispute Resolution, thereafter modes of alternative dispute resolution currently used in Tanzania, and lastly I’m going to discuss the challenges facing alternative dispute resolution (ADR) in Tanzania. It is unarguable fact that, disputes are one amongst the issues which are likely to appear where there are more than one individual occupying a certain geographical location. Basically, conflicts arise out of a misunderstanding between two or more individuals. Nevertheless, the existence of conflicts or disputes presupposes the existence of methods of settling them, the United Republic of Tanzania disciples the common law legal system which is believed to be the legacy of the British colonialists, Generally, the common law legal system is featured by adversarial mode of disputes settlement. The common way of settling dispute under this mode is by way of court litigation or adjudication. The end product of the system is in the form of winner takes all and loser loses all. However, this justifies the arguments raised by peoples that, the adversarial mode of dispute settlement spices enmity amongst the disputants rather than shipping them to the safe coast. Actually, this is one amongst the reasons for the adoption of the Alternative Disputes Resolutions (hereinafter referred to as ADR) as another form of settling disputes. ADR encourages disputants to settle their disputes out of the court. There are several modes under ADR including but limited to mediation, arbitration, negotiation and early neutral case evaluation. But frankly speaking, methods introduced under ADR were applicable during the pre-colonial era in Tanzania.

Dispute Resolution

Author : Paul Pretorius
Publisher :
ISBN 13 :
Total Pages : 262 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Dispute Resolution by : Paul Pretorius

Download or read book Dispute Resolution written by Paul Pretorius and published by . This book was released on 1993 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains articles written by 13 different contributors covering different aspects of dispute resolution. Topics covered include the psychology of mediation, environmental disputes in communities, specialized arbitration and mediation, and arbitration and mediation in the construction industry.

Alternative Dispute Resolution and Peace-building in Africa

Author : Ernest E. Uwazie
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443862541
Total Pages : 265 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Alternative Dispute Resolution and Peace-building in Africa by : Ernest E. Uwazie

Download or read book Alternative Dispute Resolution and Peace-building in Africa written by Ernest E. Uwazie and published by Cambridge Scholars Publishing. This book was released on 2014-06-26 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflicts in Africa have a great deal in common, and striking parallels can be drawn between them at all levels. Dynamics affecting the most complex war-time conflicts, civil unrest and other macro disputes are in play even in the smallest community conflicts. The converse is also true: lessons learned through community mediation, for example in South Africa, are applicable to the most complex and largest conflicts to be found on the continent. Together, the eleven chapters in this publication, in addition to the prologue and epilogue, suggest that a comprehensive assessment of efforts and investments in conflict resolution and peace studies in Africa since the mid-1990s is due in order to identify lessons and challenges, as well as best practices. Just as conflict dynamics are comparable between African conflicts, whether large or small, local or international, so are alternative dispute resolution processes. Effective approaches to resolving large-scale conflicts and civil wars are effective at the community level, and ineffectual techniques at the community level are just as likely to be counter-productive in mediating international disputes. While there may be some differences in mediating macro- and micro-conflicts (such as the time required, the need for negotiation teams, and the complexities of agenda development or pre-negotiations), as far as the mediation process is concerned, the differences are more like variations on a theme than real substantive dissimilarities. This volume provides case studies of programs and policies, and legislations on alternative dispute resolution and peace building, and examines and proposes some new, promising ideas for conflict prevention, as well as maintenance of peace, justice and security in Africa.

International Dispute Settlement

Author : J. G. Merrills
Publisher : Cambridge University Press
ISBN 13 : 1139500120
Total Pages : 387 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis International Dispute Settlement by : J. G. Merrills

Download or read book International Dispute Settlement written by J. G. Merrills and published by Cambridge University Press. This book was released on 2011-03-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.

Commercial Alternative Dispute Resolution

Author : Maxwell J. Fulton
Publisher : Lawbook Company
ISBN 13 :
Total Pages : 180 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Commercial Alternative Dispute Resolution by : Maxwell J. Fulton

Download or read book Commercial Alternative Dispute Resolution written by Maxwell J. Fulton and published by Lawbook Company. This book was released on 1989 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Alternative Dispute Resolution

Author : Albert Fiadjoe
Publisher : Routledge
ISBN 13 : 1135332096
Total Pages : 191 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Alternative Dispute Resolution by : Albert Fiadjoe

Download or read book Alternative Dispute Resolution written by Albert Fiadjoe and published by Routledge. This book was released on 2013-03-04 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous. This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership. The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.

Civil Dispute Resolution

Author : Sonya Willis
Publisher : Cambridge University Press
ISBN 13 : 1009234161
Total Pages : 921 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis Civil Dispute Resolution by : Sonya Willis

Download or read book Civil Dispute Resolution written by Sonya Willis and published by Cambridge University Press. This book was released on 2021-12-13 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding how to resolve conflicts between private parties is essential for Australian lawyers. Civil Dispute Resolution: Balancing Themes and Theory presents a comprehensive framework within which both civil procedure and alternative dispute resolution are addressed. This framework, based on balancing competing objectives of dispute resolution, simplifies and explains the many aspects of resolving disagreements between private parties. The book guides readers through every aspect of civil dispute resolution including the interaction between negotiation, mediation, arbitration and litigation as means to resolve civil disputes and the many stages of litigation, from the commencement of proceedings through to judgment and enforcement. The balancing themes are applied to demystify the resolution of civil disputes, including the role of specialist courts and tribunals, alternatives to court, pleadings, gathering documentary and witness evidence, legal costs, and trial preparation and attendance.

Tax Dispute Settlement Procedures in Tanzania

Author : Francis Mbago
Publisher : GRIN Verlag
ISBN 13 : 366878812X
Total Pages : 28 pages
Book Rating : 4.6/5 (687 download)

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Book Synopsis Tax Dispute Settlement Procedures in Tanzania by : Francis Mbago

Download or read book Tax Dispute Settlement Procedures in Tanzania written by Francis Mbago and published by GRIN Verlag. This book was released on 2018-08-31 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2018 in the subject Law - Miscellaneous, , course: LLB, language: English, abstract: Tax dispute implies the general conflict or disagreement between tax authority and tax payer arising from the decision of commissioner general. Such disagreement is normally caused by either poor interpretation of statutes or tax avoidance. Tax Payment is a mandatory requirement for every person who has income derived either from employment, business or investment in the year of income as provided under section 4 of Income Tax Act In a general sense, a tax is any contribution imposed by the government upon individuals, for the use and service of the state, whether under the name of toll, tribute, tallage, gabel, impost, duty, or other name. The discussion on Tax Dispute Mechanism is important phenomena following the fact that its implications amounts to costly outcome financially especially to tax payers and the government as well. Such discussion is even more relevant now given the fact that the current government focuses much on tax collection having zero tolerance on non-compliance with tax laws This presents is categorized into six main parts, where part of this of work introduces the concept of tax, its legal justification, legality and the relevancy of taxation. Part two discusses the general context of Tax Dispute Mechanism, legality and fairness principle with regards to the Tax Statutes. Parts three ponders on the procedures on Tax Dispute. Part four details the procedures of institution of appeal to the Board, whereas part five details procedures of institution appeal to the Tribunal and Finally Part Six concludes the work. Tax collection is mandated to TRA and its implementation lies on various tax officers and commissioners. Tax decisions in Tanzania are in the legal capacity of the Commissioner General of TRA. The knowledge of Tax Dispute Settlement is an important phenomenon to both tax authority and tax payers as it fosters efficiency in Tax Administration. With that view these presents intends to discuss tax disputes mechanisms in Tanzania with the precise intent of ushering knowledge of procedures with regards to tax dispute settlement mechanism.

Legal Aid Provision in Tanzania

Author : Jodie Hierlmeier
Publisher :
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Legal Aid Provision in Tanzania by : Jodie Hierlmeier

Download or read book Legal Aid Provision in Tanzania written by Jodie Hierlmeier and published by . This book was released on 2004 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Inquiry Into Alternative Dispute Resolution and Restorative Justice

Author : Victoria
Publisher : Government Printer, South Africa
ISBN 13 : 9780975798485
Total Pages : 430 pages
Book Rating : 4.7/5 (984 download)

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Book Synopsis Inquiry Into Alternative Dispute Resolution and Restorative Justice by : Victoria

Download or read book Inquiry Into Alternative Dispute Resolution and Restorative Justice written by Victoria and published by Government Printer, South Africa. This book was released on 2009 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Alternative Dispute Resolution in the Philippines

Author : Jim V. Lopez
Publisher :
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Alternative Dispute Resolution in the Philippines by : Jim V. Lopez

Download or read book Alternative Dispute Resolution in the Philippines written by Jim V. Lopez and published by . This book was released on 1996 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Consumer Redress in an Evolving Digital Market

Author : Pablo Cortés
Publisher : Cambridge University Press
ISBN 13 : 1107079004
Total Pages : 329 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Law of Consumer Redress in an Evolving Digital Market by : Pablo Cortés

Download or read book The Law of Consumer Redress in an Evolving Digital Market written by Pablo Cortés and published by Cambridge University Press. This book was released on 2017-10-05 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the most recent processes, laws and best practices for consumer dispute resolution and the law related to consumer redress.

Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies

Author : Yin, Elijah Tukwariba
Publisher : IGI Global
ISBN 13 : 1799878996
Total Pages : 265 pages
Book Rating : 4.7/5 (998 download)

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Book Synopsis Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies by : Yin, Elijah Tukwariba

Download or read book Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies written by Yin, Elijah Tukwariba and published by IGI Global. This book was released on 2021-06-18 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: The civil justice system is characterized by a distinct dispute resolution and law enforcement functions, although these functions are not always explicit and their relationship can be vague. People normally turn to this legal system to address an “unjust" situation they encounter. This makes civil justice both socially and economically important, as it may be driven by efficiency or access to justice concerns. The literature suggests that law reform has an uninspiring record in this field. This is because it has, largely, not been considered with a detailed, empirically informed evaluation of proposed solutions. This legal system is complex, and research in this field is correspondingly challenging, interesting, and important. Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies provides significant empirical research findings as well as theoretical reviews and frameworks on a wide array of issues within civil justice and the legal system. This includes topic areas such as access to justice and legal representation, the challenges to developing civil justice, courts and procedures, and civil justice reform. This book is valuable for lawyers, human rights lawyers, court officials, psychologists, social workers, sociologists, consultants, professionals, academicians, students, and researchers working in the field of law, socio-legal studies, sociology, anthropology, political science, social work, social policy, economics, and criminal justice, along with anyone seeking updated information on the current reforms and challenges within the civil justice and legal systems.

Resolving Mass Disputes

Author : Christopher Hodges
Publisher : Edward Elgar Publishing
ISBN 13 : 178254691X
Total Pages : 352 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Resolving Mass Disputes by : Christopher Hodges

Download or read book Resolving Mass Disputes written by Christopher Hodges and published by Edward Elgar Publishing. This book was released on 2013-10-31 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.

Alternative Dispute Resolution

Author : Tania Sourdin
Publisher :
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Alternative Dispute Resolution by : Tania Sourdin

Download or read book Alternative Dispute Resolution written by Tania Sourdin and published by . This book was released on 2002 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a constructive and empowering exploration of ADR and its application in the public and private domain with a comprehensive yet practical approach to this rapidly growing facet of the Australian legal system. Combines an analysis of the theory of ADR in Australia and a practical guide to the skills necessary.