Alternative dispute resolution (ADR) and its practice

Alternative Dispute Resolution (ADR) refers to resolving disputes without litigation or court processes. In other words, ADR provides an alternative approach where parties can resolve conflicts without going to trial. It is a voluntary, participatory and facilitated discussion between the disputing parties. Benefits of Alternative Dispute Resolution (ADR) ADR offers numerous advantages: faster Resolution: Complaints are processed more quickly, saving time. cost Savings: It is cheaper than traditional court trials. Increased Satisfaction: Encourages amicable agreements between parties. l Preserved Relationships: Promotes harmonious resolution, maintaining relationships between disputing parties. creative Solutions: Encourages innovative and mutually beneficial outcomes. Types of Alternative Dispute Resolution (ADR) The three basic types of ADR include mediation, arbitration and negotiation with conciliation often considered an additional form. However, mediation and arbitration are the most commonly used. 1. Mediation involves parties in a dispute mutually selecting a neutral mediator to assist them in reaching a consensus. The mediator facilitates discussions but does not impose decisions, allowing the parties to agree on their terms. 2. Arbitration entails an independent adjudicator (arbitrator) making a binding decision based on the evidence presented by the parties. Unlike mediation, arbitration closely resembles a trial but occurs outside the courtroom. Arbitral awards can be registered in court and enforced like court judgments. 3. Negotiation is a strategic discussion where parties work collaboratively to find a solution acceptable to all. The focus is on avoiding conflict and reaching a compromise. Conciliation involves an independent conciliator facilitating communication between disputing parties to achieve an amicable settlement. The conciliator plays an active role in guiding discussions to resolution. Legal framework and practice of ADR in Tanzania ADR was introduced in Tanzania in 1994 through Government Notice No. 422, which amended the first schedule of the Civil Procedure Act (1966). The main laws governing ADR in Tanzania are: The Civil Procedure Code The Arbitration Act and accompanying Arbitration Rules Significant progress has been made in promoting ADR methods in Tanzania. These methods resonate well within African societies as they align with traditional dispute settlement mechanisms emphasizing harmony and social bond