ASSESSING LEGAL AND INSTITUTIONAL GAPS HINDERING THE EFFECTIVENESS OF ALTERNATIVE DISPUTE RESOLUTION IN RESOLVING CONSTRUCTION DISPUTES IN TANZANIA: A COMPARATIVE STUDY WITH KENYA.
Keywords:
Alternative Dispute Resolution, Construction Disputes, Arbitration, Mediation, Institutional Capacity, Tanzania, Kenya, Legal Framework, Comparative StudyAbstract
The construction industry in Tanzania makes a significant contribution to national development, but it remains highly prone to disputes due to its complexity and the multiple stakeholders involved. Although Alternative Dispute Resolution (ADR) methods, such as arbitration and mediation, are legally available in Tanzania, they are less effective in construction-related disputes because of weak guiding frameworks and inadequate institutional capacity This study examines the legal and institutional challenges affecting ADR in Tanzania, including inadequate institutional capacity, limited expertise, weak enforcement, poor coordination, and low stakeholder awareness, which collectively undermine confidence in ADR and lead parties to prefer litigation.
By drawing comparative insights from Kenya, the study shows that stronger institutional frameworks and judicial support can enhance the effectiveness of ADR. The article concludes that Tanzania can improve the efficiency and credibility of ADR in construction disputes through institutional reforms, capacity building, and technological integration. Strengthening these aspects would promote ADR as a reliable and sustainable mechanism for resolving construction-related conflicts.
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