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

Resolving land disputes through alternative dispute resolution (ADR). An overview of Tanzania's legal framework
Author :
Publisher : GRIN Verlag
Total Pages : 71
Release :
ISBN-10 : 9783668447011
ISBN-13 : 3668447012
Rating : 4/5 (11 Downloads)

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.


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

Resolving land disputes through alternative dispute resolution (ADR). An overview of Tanzania's legal framework
Language: en
Pages: 71
Authors: Burhani Kishenyi
Categories: Law
Type: BOOK - Published: 2017-05-15 - Publisher: GRIN Verlag

DOWNLOAD EBOOK

Master's Thesis from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, , course: Master of Laws in Mediation and Arbitration, langu
Alternative Dispute Resolution in Tanzania
Language: en
Pages: 226
Authors: J. Mashamba
Categories: Law
Type: BOOK - Published: 2014-09-02 - Publisher: African Books Collective

DOWNLOAD EBOOK

Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes
Informal Justice
Language: en
Pages: 228
Authors: Roger Matthews
Categories: Law
Type: BOOK - Published: 1988-12 - Publisher: SAGE Publications Limited

DOWNLOAD EBOOK

Informal forms of justice such as mediation have been greeted enthusiastically as progress from the punishment model of justice -- and criticised as broadening
Culture in the Domains of Law
Language: en
Pages: 457
Authors: René Provost
Categories: Law
Type: BOOK - Published: 2017-02-02 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

This book examines whether law, as a cultural practice, can apply across cultural boundaries to bind people with vastly different beliefs and practices.
Alternative Dispute Resolution in Business
Language: en
Pages: 456
Authors: Lucille M. Ponte
Categories: Business & Economics
Type: BOOK - Published: 1999 - Publisher: Delmar Thomson Learning

DOWNLOAD EBOOK

ALTERNATIVE DISPUTE RESOLUTION IN BUSINESS provides an overview of innovative ADR methods that have been implemented to deal with domestic and international bus