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Mediation

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Mediation Services in Tanzania

 

What is Mediation?

Mediation is an alternative dispute resolution method where parties seek to resolve differences through a neutral third party, known as a mediator. This approach aims to save time and cost and to facilitate constructive dialogue. The mediator acts as a facilitator, helping parties focus on the core issues and generating solutions that align with everyone's interests.

 

Why Mediation?

In 2019, the Tanzania Civil Procedure Code (1966) [the CPC] was amended under order VIIIC rule 24 of the CPC, it is mandatory to refer civil actions to mediation before trial, emphasizing its importance in dispute resolution outside traditional court processes.

 

Our mediation process follows a clear structure to ensure effective resolution:

  1. Notice of Mediation: This formally initiates the process and informs all parties involved.

  2. Mediator's Introduction: The mediator sets the tone and clarifies expectations for the sessions.

  3. Statement of Understanding: All parties clearly outline the issues and their desired outcomes.

  4. Mediation Sessions: A combination of joint sessions, separate sessions with the mediator, and final joint discussions ensures a thorough exploration of all perspectives.

  5. Closure and Implementation: Agreements are documented and steps for their implementation are established.

 

Costs of Mediation Services

Two types of mediation are available:

  • Private Mediation: For out-of-court disputes, parties can voluntarily choose an accredited mediator and share the fees equally. At ESS Creative and Legal Foundation, our private mediation fee is Tsh 500,000 per dispute, subject to negotiation.

  • Public Mediation (Court-Annexed): In court-related cases, the court appoints mediators from ESS. The Chief Justice sets the compensation for these court-involved mediation sessions.

 

Invest in Positive Change

At ESS Creative and Legal Foundation, we believe in the transformative power of mediation to foster peaceful resolution and understanding. Fees earned from our mediation sessions are reinvested into social impact initiatives that create lasting positive change in our communities. By choosing our mediation services, you contribute not only to resolving your dispute but also to building a more peaceful and just society.

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