Alternative Dispute Resolution in Tanzania

by J. Mashamba
Alternative Dispute Resolution in Tanzania
Author: J. Mashamba
Publisher: African Books Collective
Total Pages: 226
Release: 2014-09-02
Genre: Law
ISBN: 998775354X
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Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.

ADR Principles and Practice

by Henry J. Brown
ADR Principles and Practice
Author: Henry J. Brown
Publisher:
Total Pages: 868
Release: 2011
Genre: Dispute resolution (Law)
ISBN: 9780414044784
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ADR: Principles and Practice is an essential Alternative Dispute Resolution title. The third edition will cover theory, principles and practice of ADR especially mediation, providing understanding, guidance and authority. It will explore and integrate models of practice; examine strategies; provide precedents; assist practitioners, policy makers and the judiciary in addressing the issues affecting practice; and generally provide an encyclopaedic work of reference for practitioners and students.

Dispute System Design

by Lisa Blomgren Amsler
Dispute System Design
Author: Lisa Blomgren Amsler
Publisher: Stanford University Press
Total Pages: 406
Release: 2020-06-02
Genre: Law
ISBN: 1503611361
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Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies. This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems. This book is intended for anyone who is interested in the theory or practice of DSD, who uses or wants to understand mediation, arbitration, court trial, or other dispute resolution processes, or who designs or improves existing processes and systems.

International Dispute Resolution

by Vesna Lazić
International Dispute Resolution
Author: Vesna Lazić
Publisher: Springer
Total Pages: 131
Release: 2018-07-26
Genre: Law
ISBN: 946265252X
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The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div

Alternative Dispute Resolution

by Albert Fiadjoe
Alternative Dispute Resolution
Author: Albert Fiadjoe
Publisher: Routledge
Total Pages: 191
Release: 2013-03-04
Genre: Law
ISBN: 1135332096
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This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous. This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership. The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.

The Role of Ethics in ADR

by
The Role of Ethics in ADR
Author:
Publisher: Aspatore Books
Total Pages: 0
Release: 2011
Genre: Dispute resolution (Law)
ISBN: 9780314279699
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The Role of Ethics in ADR provides an authoritative, insiders perspective on the ethical considerations that attorneys need to be aware of during alternative dispute resolution. Featuring partners from some of the nations leading law firms, this book guides the reader through todays ADR arena and the ethical concerns that lawyers are currently facing. With a focus on issues such as disclosure, neutrality, and the rule of candor, these top lawyers analyze the various ethical rules and protocols to which attorneys, arbitrators, and mediators must adhere and how they come into play during the actual ADR process. These authors also discuss what to do when the rules overlap or are inconsistent, or if an ethical violation is suspected. Finally, these leaders identify strategies for preparing clients for the ADR process, explaining their options, and developing a successful attorney-client relationship. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this critical field.

Mediation

by Laurence Boulle
Mediation
Author: Laurence Boulle
Publisher:
Total Pages: 617
Release: 2001
Genre: Conflict management
ISBN: 9780406927477
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The principles & process involved in mediation are universal to the legal profession the world over, as are the questions that arise from this subject. This book is designed specifically to answer those questions & shed light on the skills & issues that need to be understood to make mediation work. The book will bring you all the information you need to fully understand the benefits of mediation, how & when mediation might be used, how to use it successfully & how to establish an Alternative Dispute Resolution programme.