Exploring the Suitability of Alternative Dispute Resolution Mechanisms in Tanzania Criminal Cases

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Abel Mathias Ngilangwa
Published On: 27/05/2023
Volume: 9
Issue: 3
First Page: 105
Last Page: 126
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

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Abel Mathias Ngilangwa, Exploring the Suitability of Alternative Dispute Resolution Mechanisms in Tanzania Criminal Cases, Volume 9 Issue 3, Journal of Legal Studies & Research, 105-126, Published on 27/05/2023, Available at https://jlsr.thelawbrigade.com/article/exploring-the-suitability-of-alternative-dispute-resolution-mechanisms-in-tanzania-criminal-cases/

Abstract

Alternative dispute resolution is currently widely accepted in the dispute settlement sector. However, there are arguments against its acceptance because of several its effectiveness in criminal matters.  This paper applied for documentary review under the premise of the applicability of the alternative dispute resolution in criminal matters in Tanzania. Under such general concern, the paper centred on two main questions as the first is whether the alternative dispute resolution can meet the standards of criminal justice as expected. The second is the scope of the criminal matters, which entitle the parties to employ the alternative dispute resolution instead of using the litigation. The paper observed that the application of alternative dispute resolution in criminal matters in Tanzania is limited in terms of the scope and effectiveness in rendering criminal justice. The paper recommends the amendment of the permitting laws to clear silence and loopholes therein.

Keywords: Dispute, Alternative Dispute Resolution, Criminal Matters, Court

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