Hamis T . Hamisi

Conflicts are unavoidable but its peaceful and effective settlement is what matters. One author wrote that: "As long as human beings have conscience and intellect to think about the future, definitely there will be conflicts. Conflicts are made by human beings and methods to solve them must be created through human intelligence. It is wise to solve the conflict through dialogue, not through weapon.". 1 Hence, so long as human beings interact for one another there are bound to be disagreements or conflicts which must be amicably resolved for friendly relationships to be maintained so as to enhance developments. 2 Hence, by nature disputes are by-product and an integral part of human interactions which affects life and our relationships with each other both individuals and groups, and it is important therefore to seek effective ways of address them. We find stories from the Bible, in the Islamic culture and many other traditions that describe processes which have Abstract: This Article intends to examine the practices of court-annexed mediation in Tanzania with the view of reflecting its backgrounds, aims for its introduction and real situation for the current trends. For the purpose of this Article, mediation involves settling of a dispute between the disputants with the assistance of a neutral third party. The neutral third party is called a mediator whose decision is not binding but only to facilitate the amicable settlement of the dispute. Mediation is often viewed as a more informal process of resolving disputes and it is normally done outside the court where an independent and neutral third party, the mediator, will be appointed in order to facilitate a discussion in which the parties are expected to resolve their disputes. During the mediation, the mediator will discuss the issues and try to help the parties to reach an agreement, but may generally not offer his own opinions or assessment. Generally, mediation is a process in which an impartial third party encourages and facilitates in an informal way of negotiation between the parties to the dispute. The mediator does not have power to impose a solution on the parties. The mediator has control over the process, but the decision and outcome are in control of the parties. On the other hands, courtannexed mediation is the mandatory mediation done by the court before proceeding to litigation. It is done according to the requirement of the law of which non-adherence to such legal requirement renders all the court proceedings nullity. Therefore, in Tanzania, under Order VIIIC, rule 24 of the Civil Procedure Code (CPC), Chapter (Cap) 33 of the laws of Tanzania, Revised Edition (R.E) 2019, the court is obliged to refer "every civil action" before it to negotiation, conciliation, "mediation" or arbitration, or similar alternative procedure before proceeding to trial. The requirement for court-annexed mediation is imposed for all civil suits except for few like election petition, human right petition, judicial review and the like. The court-annexed is aiming at speeding the dispensation of justice, decreasing the backlog of cases and maintaining causal relationship between the parties. Despites of such tremendous advantages, still in Tanzania courtannexed mediation has been relatively unsuccessful which make the good intention for its introduction to be less attained or rather remaining a mere compulsory legal requirement with no or less practical manifestation.

Generally, This Article focuses on the processes and procedures involving in the drafting of Bills in Tanzania. So, the Article articulates a detailed but critical discussion on how Bills are prepared in Tanzania before they become the law of the country.

The refugees are human beings like any other human being and are entitled to all human rights, therefore hosting countries are obliged to respect and protect the refugee`s rights as granted by the international refugee`s laws and international human rights instruments.

Foreign judgment can`t be directly enforced in any other country unless has been recognized by such country. To be recognized the domestic court will consider some required factors so as to satisfy itself to whether such judgment was finally and conclusively determined and whether its recognition will violate the country`s existing policy. in Tanzania, the recognition and enforcement of the foreign judgments is regulated by the Reciprocal Enforcement of Foreign Judgment Act, Cap 8 R.E 2019.

The aspects of success in Tanzania take a unique outlook due to the existing parathora of laws governing the same to the extent which sometimes causes confusion. Hence there is a great need to have a united single law for easy and sufficient management of deceased estates.