The Violation of Rule Against Bias in The Administration of Justice for The Breach of Professional Code of Conduct Committed by The Accredited Reconciliators, Negotiators, Mediators and Arbitrators in Tanzania

This paper examines the evolution of alternative dispute resolution (ADR) in Tanzania, tracing its origins from traditional methods used by African societies that emphasized community cohesion before colonialism. The British colonial rule introduced a formal legal system in 1920 through the Tanganyika Order in Council, which integrated customary law with English common law. After independence, Tanzania enacted several laws, including the Civil Procedure Code, mandating the referral of civil actions to ADR methods such as negotiation, conciliation, mediation, and arbitration. The study utilized both qualitative and quantitative methods, including document analysis, structured interviews, and surveys of legal practitioners and ADR experts to gather data on their experiences and perceptions of ADR practices. The analysis involved thematic coding of qualitative data and statistical evaluation of survey responses to identify trends and challenges within the ADR framework. Despite the growing significance of ADR, there was a lack of regulatory frameworks governing practitioners before 2021, raising concerns about professional misconduct. Recent amendments to the Civil Procedure Code introduced additional ADR modes, but challenges regarding practitioner accreditation and ethical standards persist. This paper highlights the need for comprehensive regulatory measures to enhance the integrity and effectiveness of ADR practices in Tanzania.