Analysis of the challenges of combined Mediation-Arbitration in Labour disputes resolution Mechanisms in Tanzania Mainland.

Ramadhani, Anisa (2023) Analysis of the challenges of combined Mediation-Arbitration in Labour disputes resolution Mechanisms in Tanzania Mainland. Masters thesis, The Open University of Tanzania.

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Abstract

This study analyses the challenges facing the combined mediation-arbitration as the mechanism for Labour disputes resolution in Tanzania Mainland. The study uses Tanzania Mainland as the case study. The study is guided by the questions as to whether there are clear and certain Labour laws governing the proceedings of combined mediation and arbitration in Tanzania Mainland, Are the legal implementations on combined mediation and arbitration adequate and sufficient enough to govern such proceedings? And what are the appropriate legal frame works on combined mediation-arbitration, that can be sufficiently adopted to resolve Labour disputes in Tanzania Mainland? This study employed doctrinal legal research methodology which focuses on review of legal contents using both primary and secondary data. This study finally observed that there are unclear, uncertain and inadequate guidelines and laws governing the performance of combined mediation-arbitration proceedings in Tanzania Mainland. The law on combined process is contradicted and conflicted to the extent of contravening the principles of impartiality and confidentiality in its performance, it also lacks realistic nature of the combined process, hence occasioning the miscarriage of justice to the parties. Therefore, this dissertation recommends for the adoption of clear and sufficient laws regulating the performance of combined mediation –arbitration proceedings by amending section19(7) of LIA, Rule 18 of LIMAR and Rule 4 of LIMAG. It further recommends for the two separate phases of mediation and arbitration in combined process be carried over by two distinct parties and the adoption of combined arbitration-mediation (Arb-Med) instead of combined mediation –arbitration (Med-Arb) in order to avoid the contravention of the principles of impartiality and confidentiality during such proceedings.

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