Enforceability of the principle of party autonomy in the conduct of court-annexed mediation in mainland tanzania

Nyambilila Samson Ndoboka *, Cornel K inanila Mtaki and Benedict Thomas Mapunda

Department of Municipal Law, Faculty of  School of Law and Justice, Dar es salaam Tumaini University, Tanzania.
 
Research Article
International Journal of Science and Research Archive, 2024, 13(01), 080–093.
Article DOI: 10.30574/ijsra.2024.13.1.1639
Publication history: 
Received on 20 July 2024; revised on 01 September 2024; accepted on 03 September 2024
 
Abstract: 
The Study intends to examine the Enforceability of the Principle of Party Autonomy in the Conduct of Court-Annexed Mediation in Mainland Tanzania. Specifically, to identify reasons that hinder the enforceability of the principle of party autonomy in the conduct of court-annexed mediation in Mainland Tanzania also to examine why enforceability of the principle of party autonomy in Mainland Tanzania is confined to Judges and Magistrates. The study review literatures on the development of mediation as well as Principle of Party Autonomy.  Its findings are drawn from the literature review and similarly from Doctrinal Legal Research and Qualitative Legal Research; a survey of judicial officers and interviews with selected interviewers from Dar es Salaam. The findings shows that the compliance of Principle of Party Autonomy in court-annexed mediation has been focused on effectiveness in reducing backlog of the cases in court, maintaining good relation to the parties, increasing knowledge of Principle of Party Autonomy in court-annexed mediation. The findings also identified to the factors contributing to its enforceability and factors that hinders the success of Principle of Party Autonomy in the Mainland Tanzania.
 
Keywords: 
Enforceability; Principle of Party Autonomy; Court; Court-annexed mediation
 
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