Legal and Institutional Challenges on Mediation of Labour Disputes in Tanzania

Abstract

Mediation as a basic method of labour dispute resolution inTanzania is mainly done by the Commission for Mediationand Arbitration (CMA). This article examines both legaland institutional challenges on mediation at the CMA.These include non-attendance of mediation hearing and itsconsequences, determination of application and objections,role of personal representatives and uncertainty on medarb.Institutionally, there are inadequate offices andmediators, lack of skills and professionalism and heavyworkload in some areas. It also notes some challenges fromits stakeholders like the parties, advocates and trade unions.The article points out that these challenges inhibit theperformance of the CMA and the process in general. It callsupon amendment of some rules and the need for CMA tosolicit more resources and assistance from the governmentand other stakeholders.Key Words: Dispute Resolution, Labour Dispute, Challenges,Mediation, Tanzania