Established in September 2013, ESS Creative and Legal Foundation is an Accredited Mediation Center that initiated the first of its kind in Tanzania, an Inclusive Community-based Mediation and Community Mediation Hub in collaboration with justice stakeholders. 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, ADR Policy Expert, 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 spent over 10 years mediating community disputes, witnessing how systemic barriers prevented underserved populations from accessing timely justice. This inspired him to shape ADR frameworks and policies. Today, as an accredited mediator and ADR Policy Expert, he collaborates with government institutions, justice leaders, and communities to design an inclusive community-based mediation program that makes justice more accessible and sustainable. 

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 Creative and Legal Foundation, established in 2013, has consistently worked to promote access to justice for underserved communities in Tanzania. In 2018, ESS launched the Legal Assurance Service as an innovative solution to bridge the justice gap. This service provided mediation and legal representation specifically designed for individuals who did not qualify for free legal aid but could not afford private advocates. The Legal Assurance Service operated until 2023, when the organization transitioned to a new, more inclusive model focused on empowering community leaders to be inclusive when conducting mediation in their communities.

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.

ESS's Journey from Direct Legal Service to System Change

ESS learned that taking legal cases to court wasn't effectively helping underserved communities access justice. Instead of continuing to provide direct legal services, we decided to transform how the justice system works at the community level. We now empower community leaders to mediate disputes through inclusive mediation, transforming ESS from a service provider into an organization that creates lasting change in how justice is delivered to underserved communities.