Alternative Dispute Resolution in Tanzania.
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 settl...
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Full Text (via ProQuest) |
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| Language: | English |
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Mkuki na Nyota Publishers,
2014.
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MARC
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| 245 | 1 | 0 | |a Alternative Dispute Resolution in Tanzania. |
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| 505 | 0 | |a Cover; Title page; Copyright page; Contents; Acknowledgments; Preface; Abbreviations and Acronyms; Part 1 -- The Genesis of Alternative Dispute Resolution (ADR); Chapter One -- The Concept of Dispute and Conflict Management; 1.0 Introduction; 1.1 Understanding Disputes and Conflicts; 1.1.1 Introduction; 1.1.2 The Dimension and Nature of Conflict; 1.1.3 Functions of Conflict; 1.1.4 Causes of Disputes and Conflicts; 1.1.5 Conflict Analysis; 1.1.6 Tools for Conflict Analysis; Chapter Two -- The Concept of Alternative Dispute Resolution (ADR); 2.0 Introduction. | |
| 505 | 8 | |a 2.1 Meaning of Alternative Dispute Resolution (ADR)2.2 Origins and Ideology of ADR; 2.2.1 General Overview; 2.2.2 Rationale for the Emergence of Modern ADR; 2.3 Reform of the US Justice System in Favour of ADR; 2.4 The Spread of ADR Beyond the US; 2.4.1 The Spread of ADR to Other Developed Countries; 2.4.2 The Spread of ADR to Africa; 2.5 The Benefits of ADR; Chapter Three -- Alternative Dispute Resolution (ADR) in the African Cultural Context; 3.0 Introduction; 3.1 The Role of Culture in Dispute Resolution; 3.1.1 The Place of Culture in Conflict. | |
| 505 | 8 | |a 3.1.2 The Cultural Orientation of Parties to a Dispute3.1.3 Cultural Aspects are Prevalent in Every Conflict Situation; 3.2 The Role of Ubuntu in Dispute Resolution in Africa; 3.2.1 The Place of Restorative Justice in Dispute Resolution in Africa; 3.2.2 The Place of Ubuntu in Dispute Resolution in Africa; 3.3 Comparison between Formal ADR and Traditional Justic e Systems in Africa; 3.3.1 Emphasis on Informality of Procedures; 3.3.2 Methods of Dispute Resolution in Traditional Africa; 3.3.3 Neutrality of the Mediator in Traditional Africa Dispute Settlement. | |
| 505 | 8 | |a 3.3.4 The Notion of Privacy and Confidentiality vis-à-vis Conflict of Interest of Mediators in the African Traditional Dispute Resolution3.3.5 The Need to Maintain Cohesion and Collaboration; Chapter Four -- Transplanting ADR into Tanzania from the West; 4.0 Introduction; 4.1 Retention of the Colonial Legal System and its Impact on Dispute Resolution in Africa; 4.1.1 General Overview; 4.1.2 The Rationale for the Retention of the Colonial Justice System; 4.1.3 The Implications of the Retention of the Colonial Justice System in Dispute Resolution in Africa. | |
| 505 | 8 | |a 4.2 Prelude to the Introduction of ADR in Tanzania4.2.1 E arly Measures to Reduce Caseloads in Civil Courts; 4.2.2 The Need for ADR in Tanzania; 4.3 Introduction of ADR in Tanzania; 4.3.1 General Overview; 4.3.2 Consequences of the 1994 Amendments to the Civil Procedure Code; 4.4 Challenges Facing ADR in Tanzania :Findings of the ADR Evaluation Report; 4.5 Recommendations of the ADR Evaluation Report; Part 2 -- Theories and Principles of Alternative Dispute Resolution (ADR); Chapter Five -- Theories and Principles of Negotiation; 5.0 Introduction; 5.1 Meaning and Dimensions of Negotiation. | |
| 520 | |a 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. | ||
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