The Effectiveness Of Mediation In Resolving Child Custody And Maintenance Disputes: A Comparative Analysis Of Tanzania, The United Kingdom And India
- IJLLR Journal
- Nov 10, 2025
- 2 min read
Enid Makame, B.A.L, LL.B, JSS Law College, LLM ADR Student From Dar Es Salaam Tumaini University (Dartu)
ABSTRACT
This paper examines the effectiveness of mediation as a mechanism for resolving child custody and maintenance disputes, with a particular focus on Tanzania, and draws comparative insights from the United Kingdom and India. The study was guided by the objectives of assessing the legal and institutional frameworks governing family mediation, evaluating their effectiveness, and identifying the challenges and prospects of mediation in Tanzania. Using qualitative research methods, the study relied on documentary reviews of statutes, case law, and institutional reports.
The findings indicate that mediation in Tanzania is acknowledged under various legal frameworks, notably the Law of the Child Act R.E 2023.
However, the changes remain significantly underdeveloped and are inconsistently applied across different regions and cases. This inconsistency can be attributed to several factors, most prominently the lack of a dedicated mediation law that would provide clear guidelines and procedures for the practice. Additionally, the Law of the Child (Juvenile Court Procedure) Rules made under S.99(1), whereby Section 16 (m) encourages the parties to use an alternative dispute resolution procedure if appropriate to facilitate the use of such procedure.
Moreover, there is a noticeable deficiency in outlining the procedure to be carried out for mediation, institutional capacity; many organizations that could facilitate mediation lack the necessary resources, training, and expertise to implement effective mediation processes. Furthermore, public awareness about mediation as a viable conflict resolution option is quite low, which limits its use and acceptance within communities.
In plain contrast, both the United Kingdom and India have established comprehensive mediation systems that are bolstered by well-defined legislation, specialized institutions, and supportive public policy frameworks. These countries have developed robust mechanisms to ensure that mediation is widely accessible to citizens and operates effectively. In the UK, for instance, mediation is not only integrated into civil justice processes but is also supported by various organizations that provide training, resources, and oversight. Similarly, India has made significant strides in institutionalizing mediation, including the establishment of mediation centers and the promotion of mediation as a first resort in conflict resolution through legal mandates. As a result, the mediation landscape in these countries is characterized by a high level of efficiency and effectiveness, which stands in contrast to the current state of mediation practices in Tanzania.
The paper concludes that mediation is an effective mechanism for promoting amicable settlements, reducing court congestion, and safeguarding the best interests of the child. It recommends the enactment of a Family Mediation Act, capacity building for mediators, and the integration of mediation into Tanzania’s formal judicial processes.
Keywords: Family Dispute resolution, Mediation, Child custody and maintenance, Lok Adalats
