Established in September 2013, ESS Creative and Legal Foundation is Tanzania's first credible and reputable justice social enterprise. It is initially focused solely on mediation to supplement government efforts to promote and enhance dispute resolution among persons involved in disputes as provided under Article 107 (2) (d) of the United Republic Of Tanzania Constitution 1977 as amended from time to time. Also, it is internationally recognized for advancing the United Nations Sustainable Development Goals (SDGs) 16, promoting peaceful and inclusive societies, providing access to justice for all, and building effective, accountable, and inclusive institutions at all levels.

With over ten years of experience in resolving disputes through mediation of the persons with disabilities, Village Community Banks (VICOBA), SMEs, families and individuals, we found that most clients lack awareness of the benefits of mediation.

What sets us apart is our trusted partnership with the government justice system, which empowers community leaders as peacemakers to champion inclusivity and accessibility in mediation.

The founder and executive director is Erick Mukiza, a dedicated disability inclusion and accessibility advocate and Alternative Dispute Resolution (ADR) professional committed to advancing inclusive justice and is a Certified Court Mediator accredited by the Tanzania Ministry of Constitutional and Legal Affairs. He is also a WIPO ADR Young professional and an Associate member of Tanzania International Arbitration Center.

He is dedicated to inclusivity in mediation after facing significant communication challenges during standard mediation sessions with Deaf and hard-of-hearing clients. Recognizing the urgent need for inclusivity, he pioneered the introduction of Inclusive Mediation.

In 2024, Erick was selected and completed the prestigious Professional Fellows Program on Inclusive Civic Engagement (PFP) in the United States of America. This program provided him with best practices in inclusive mediation, which he is implementing in Tanzania, demonstrating his ability to translate international learning into impactful local initiatives.

He has worked at the American Association of People with Disabilities (AAPD) in Washington, DC, where he received mentorship in leadership and advocacy from Jasmine Bailey, Director of Operations at AAPD. There, he gained knowledge in assistive technology for inclusive communication, such as screen reading software and speech-text for deaf and hard-of-hearing individuals.

Brief History of ESS Legal Assurance Service

The Justice Gap in Tanzania

Tanzania faced a significant justice gap that left millions of citizens without access to legal representation. The majority of Tanzanians earned monthly incomes between $200 and $500, placing them in a challenging position where they could neither qualify for free legal aid nor afford private legal services.

Under the Legal Aid Act of 2017, only individuals with monthly incomes below $150 qualified for free legal aid through a means test. Meanwhile, the Advocates Remuneration Order of 2015 set minimum legal representation fees at $500, making private legal services unaffordable for middle-income earners in Tanzania.

A 2017 report by the Tanzania Network for Legal Aid Providers (TANLAP) revealed that approximately 60% of Tanzanians—nearly 33 million people—were effectively barred from accessing legal advice and representation. This represented the underserved market that ESS aimed to serve.

ESS Legal Assurance Service

ESS developed the Legal Assurance Service as an innovative solution to bridge this justice gap. The service provided mediation and legal representation specifically designed for individuals who did not qualify for free legal aid but could not afford private advocates.

How the Service Operated

ESS utilized technology to ensure the Legal Assurance service operated efficiently and equitably. The organization developed an internal operating system that connected clients, management, and advocates (lawyers) through several key features:

Client Access: All members were registered in the system and could access it anytime through the ESS website or their mobile phones.

Request Submission: Client members could submit requests for legal assistance directly through the system.

Case Management: Management received these requests, assigned them to internal advocates and lawyers, and tracked case progress in real-time.

Real-time Tracking: Both management and client members could monitor case progress through the system.

This technological infrastructure enabled ESS to streamline processes, ensure accountability, and provide timely updates to clients.

Why ESS Transitioned to Inclusive Mediation Services

Despite its innovative approach, the ESS Legal Assurance Service faced several challenges that ultimately led to its discontinuation:

Court System Burden: The model operated by employing lawyers who represented members directly in courts of law, which contributed to case backlogs and prevented the underserved from accessing justice in a timely manner.

Cost and Time Inefficiency: Handling litigation cases proved expensive and time-consuming, often damaging relationships between parties rather than resolving disputes constructively.

Financial Sustainability: Legal services were very expensive to provide, and the revenue generated was insufficient to cover operational costs, making the model financially unsustainable.

Limited Collaboration: The Legal Assurance model made it difficult to collaborate with key stakeholders in the justice sector, hindering ESS's ability to create systemic change in how underserved communities access justice.

At ESS, we believe in collaboration to transform how underserved communities access justice. This belief led us to transition to inclusive mediation services, which better aligned with our mission of enabling accessible mediation services for underserved communities in Tanzania.