EXAMINING LEGAL CHALLENGES FACING THE APPLICATION OF ALTERNATIVE DISPUTE RESOLUTION IN TANZANIA
This paper examines the legal challenges facing the application of Alternative Dispute Resolution (ADR) mechanisms in Tanzania, particularly within court-annexed processes. While ADR is promoted as a means to ensure timely and cost-effective justice, its integration within the formal judicial system has exposed several legal and procedural challenges. These include statutory ambiguities under the Civil Procedure Code [Cap 33 R.E. 2023], uncertainties regarding enforceability of settlements, jurisdictional overlaps between courts and arbitral tribunals, and tensions between party autonomy and constitutional guarantees of fair trial. The paper argues that unless these legal deficiencies are addressed through legislative clarity, judicial capacity-building, and institutional reforms, the promise of ADR as a complementary pathway to justice will remain largely unrealized.
Keywords: Alternative Dispute Resolution, Judicial Power, Court-Annexed Mediation, Legal Challenges, Tanzania.
