AN ASSESSMENT OF THE LEGAL FRAMEWORK GOVERNING MEDIATION IN PRIMARY COURTS: A CASE STUDY OF ILALA DISTRICT IN TANZANIA

Abstract

This article examines the legal framework governing mediation in primary courts in Tanzania, with particular reference to Ilala District. Mediation has emerged as a vital mechanism for dispute resolution, offering parties an alternative to traditional litigation. The study analyzes the statutory provisions, procedural rules, and practical implementation of court-annexed mediation within the primary court system. Through a case study approach focusing on Ilala District, the research identifies both strengths and weaknesses in the current framework. The findings reveal that while Tanzania has established a comprehensive legal basis for mediation through the Magistrates' Courts Act and subsidiary legislation, significant challenges persist in areas such as mediator training, public awareness, resource allocation, and enforcement of mediated settlements. The article concludes with practical recommendations aimed at strengthening the mediation framework to enhance access to justice and reduce case backlog in primary courts.