The Use of Mediation to Enhance Access to Justice in Medical Negligence Claims in Tanzania and the United Kingdom

Abstract

This article examines the role of mediation in resolving medical malpractice disputes in Mainland Tanzania through a comparative analysis with the United Kingdom. It adopts a doctrinal and comparative legal research methodology based on constitutional provisions, legislation, practices, judicial decisions and scholarly literature. The study analyses the legal and institutional frameworks governing medical malpractice mediation, focusing on the Constitution of the United Republic of Tanzania, the Civil Procedure Code, the Arbitration Act, the Medical, Dental and Allied Health Professionals Act, and the United Kingdom Civil Procedure Rules. The article finds that although Tanzania has a legal framework supporting amicable settlement of disputes, the absence of healthcare-specific mediation laws and institutional mechanisms has limited the effective use of alternative dispute resolution mechanisms particularly mediation in medical malpractice claims. By contrast, the United Kingdom has successfully integrated mediation into clinical negligence dispute resolution through comprehensive procedural rules and institutional support. The article recommends legislative reform, specialised mediation structures and institutional collaboration to strengthen access to justice and improve the resolution of medical malpractice disputes in Mainland Tanzania.