Arbitration and Mediation of Trust Disputes in Zimbabwe

There are a number of reasons why non-governmental organisations or non-profit organisations in Zimbabwe prefer to go the route of alternative dispute resolution (ADR) rather than litigation. Privacy and the need to protect confidential and propriety information or technology and to preserve existing relationships being paramount among them.

The private nature of mediation and arbitration allows organisations registered as trusts in Zimbabwe to keep disputes and their resolution out of the public eyes, and helps goodwill.

A significant number of notarial deed of trusts in Zimbabwe and memoranda of understanding between non-government organisations provide for the resolution of internal disputes by arbitration and mediation.

Arbitration makes it possible for non-profit organisations as well as pension funds for instance to appoint an arbitrator who has specific knowledge and experience. Currently, there are three arbitral tribunal institutions in Zimbabwe all of which are situated in the capital, Harare. These are the Commercial Arbitration Centre (CAC), the Africa Institute of Mediation and Arbitration (AIMA) and the Alternative Dispute Solutions Centre (ADSC).

However, AIMA and Alternative Dispute Solutions Centre (ADSC) are the only arbitral tribunals in Zimbabwe which also offer mediation services. Parties can by agreement refer their internal or external disputes for resolution by way of mediation or arbitration.