The Commission for Mediation and Arbitration (CMA) is an independent quasi-judicial department of the government which is established under section 12 of the Labour Institutions Act [CAP 300 R.E 2019]. It is vested with exclusive powers and jurisdiction to determine labour disputes in mainland Tanzania. In as far as determination of disputes are concerned, the Commission performs two core functions which are provided under section 14 (1) (a) and (b) of the Labour Institutions Act [CAP 300 R.E 2019], namely; to mediate any dispute referred to it in terms of any labour law and to arbitrate.

What is Mediation?
Mediation as defined under Rule 3(1) of the Labour Institutions (Mediation and Arbitration Guidelines) Rules, 2007. “….is a process in which a person independent of the process parties is appointed as mediator and attempts to assist them to resolve a dispute and may meet with the parties either jointly or separately, and through discussion and facilitation, attempt to help the parties settle their dispute”.

Is Mediation Compulsory?
YES, the mediation process is mandated by law as a compulsory step in the resolution of disputes, encompassing complaints or conflicts of interests. The compulsory nature of mediation not only reflects a commitment to efficiency in dispute resolution but also signifies a belief in the potential for parties to reach consensual and sustainable agreements through this structured and guided process.

Once the Referral Form (CMA Form No 1) is properly filed before the CMA, the CMA appoints a mediator, time and venue at which the mediation hearing will take place. Parties are informed of these particulars through a summons.

This position of law is also discussed in the case of Salim Kitojo Vs Vodacom Tanzania Ltd
High Court of Tanzania, Labour Division at Dar Es Salaam Labour Revision No. 5 of 2010 (Unreported), the High Court had something to say about the mediation that, “mediation process is a compulsory process under the law in every dispute whether it is for dispute of complaints or conflict of interests……………..”