Enforceability of the principle of party autonomy in the conduct of court-annexed mediation in mainland tanzania
Year: 2024
Type: article
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.
Institution: Tumaini University
Language: English
Subfield: Strategy and Management
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4402316104