Legal and Institutional Challenges on Mediation of Labour Disputes in Tanzania

Abstract

Mediation as a basic method of labour dispute resolution in
Tanzania is mainly done by the Commission for Mediation
and Arbitration (CMA). This article examines both legal
and institutional challenges on mediation at the CMA.
These include non-attendance of mediation hearing and its
consequences, determination of application and objections,
role of personal representatives and uncertainty on medarb.
Institutionally, there are inadequate offices and
mediators, lack of skills and professionalism and heavy
workload in some areas. It also notes some challenges from
its stakeholders like the parties, advocates and trade unions.
The article points out that these challenges inhibit the
performance of the CMA and the process in general. It calls
upon amendment of some rules and the need for CMA to
solicit more resources and assistance from the government
and other stakeholders.

Key Words: Dispute Resolution, Labour Dispute, Challenges,
Mediation, Tanzania