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Mediation

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:

  • Community-based Mediation: for disputes that have not yet been filed in courts of law, parties can voluntarily choose a certified mediator to facilitate dispute resolution and share the fees equally for formal mediators but for informal mediators (community leaders) it is free of charge. 
  • Court-Annexed Mediation: for disputes already filed in courts of law, the court appoints Court-annexed mediators to facilitate dispute resolution. The Chief Justice sets the compensation for these court 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.