Alternative dispute resolution in Tanzania : law and practice / Clement J. Mashamba.

Format:

Book

Author/Creator:

Mashamba, Clement J., author.

Language:

English

Subjects (All):

Dispute resolution (Law)--Tanzania.

Dispute resolution (Law).

Compromise (Law)--Tanzania.

Compromise (Law).

Physical Description:

1 online resource (226 p.)

Edition:

POD edition.

Place of Publication:

Dar es Salaam : Mkuki na Nyota, [2014]

Summary:

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.

Contents:

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

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

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

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

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

5.2 Approaches to Resolving Disputes Through Negotiation

Notes:

Description based upon print version of record.

Includes bibliographical references (pages 201-205).

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

9987-753-54-X

OCLC:

950461973