A mediation does not necessarily fail simply because all parties do not sign a final settlement agreement. Sometimes, mediation can resolve part of a long-standing dispute, clarify the remaining issues, and create a practical path toward future resolution.
In September 2026, Mtoni Lutheran Church Savings & Credit Co-operative Society Ltd. (SACCOs), through its advocate, brought a long-standing land dispute to ESS Creative and Legal Foundation for mediation before commencing court proceedings.
The dispute involved 484 hectares of land purchased by the SACCOs from Kisayani Village Council under a contract later described as voidable. 25 citizens represented by Abubakari Hamisi Mponda, claimed that part of the land belonged to them and that they had not been compensated. The SACCOs maintained that it had already paid Kisayani Village Council for the land.
The dispute also involved the Municipal Council of Mkuranga, the Attorney General, the Registrar of Titles and the Commissioner for Lands. Kisayani Village Council acknowledged entering into the contract with the SACCOs but disputed the claim that the 25 citizens were entitled to compensation.
The dispute had remained unresolved for approximately 15 years.
ESS conducted the mediation at the High Court Mediation Centre, with Erick Mukiza and Godliving John Mambo serving as co-mediators. The process included joint sessions, separate sessions and site visits to the disputed land. Through these sessions, the mediators helped the parties identify the issues, interests and positions underlying the dispute.
During the separate sessions, the parties gained a clearer understanding of the issues. Following this process, the SACCOs decided to compensate the 25 citizens directly. This resolved the dispute between the SACCOs and the 25 citizens.
However, other parties, including Kisayani Village Council, and the Municipal Council of Mkuranga maintained that the 25 citizens should not be compensated because they did not recognize them as owners of the land.
Therefore, within one month, ESS Creative and Legal Foundation mediation contributed to the partial resolution of a dispute that had remained unresolved for 15 years.
Settlement is one measure of mediation success, but it is not the only measure. Meaningful progress toward resolution is also an important mediation outcome.
Video of Abubakari Hamisi Mponda Chairman, representing the 25 citizens with his remarks
Video of Site visit to the disputed land by Co-mediators Erick Mukiza and Godliving John Mambo and parties to the dispute: Representatives of the 25 citizens, Kisayani Village Council leaders, Municipal Council of Mkuranga leaders, State Attorney representing Kisayani Village Council, Municipal Council of Mkuranga and Attorney General, and leaders of Mtoni Lutheran Church Savings & Credit Co-operative Society Ltd. (SACCOs)
Abubakari Hamisi Mponda Chairman, representing the 25 citizens receiving a certificate of Partial Settlement Deed from Co-mediators Erick Mukiza and Godliving John Mambo.
Site visit to the disputed land by Co-mediators Erick Mukiza and Godliving John Mambo and parties to the dispute: Representatives of the 25 citizens, Kisayani Village Council leaders, Municipal Council of Mkuranga leaders, State Attorney representing Municipal Council of Mkuranga and Attorney General and leaders of Mtoni Lutheran Church Savings & Credit Co-operative Society Ltd. (SACCOs)
