Browsing by Author "Mjella, Mwantumu Mwaita"

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    Ethical solutions to the challenges of mediation practices in resolving disputes: a Case of the Commission for Mediation and Arbitration in Tanzania
    (2020) Mjella, Mwantumu Mwaita
    Occasionally, mediation of dispute through alternative dispute resolution methods has been ineffective and hopeless to the parties seeking possible solutions to the dispute. The ineffectiveness had been claimed to be a result of unethical practices among mediators or parties to the dispute which tended to delay the mediation process and narrowed the range of possible solutions to the dispute. This qualitative research used interviews, a questionnaire and documentary review to examine the claims of unethical practices that delay the mediation process at the Commission for Mediation and Arbitration’s (CMA) head offices in Dar es Salaam, Tanzania and possible solutions to these practices. The study found out that although it is often hardly possible to note unethical practices among mediators working to resolve disputes through mediation, unethical practices such as intimidating the parties to the dispute, brainwashing of parties involved in the disputes and unwarranted taking of sides often go un-noticed. The study recommended that rational mechanisms be established to deal with unnecessary delays of the mediation process. These mechanisms include the hiring of right professional people, developing peoples’ understanding on mediation process, putting different controls in place, building a culture of transparency, openness and communication between the CMA and parties to the.
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    Ethical solutions to the challenges of mediation practices in resolving disputes: a case of the Commission for Mediation and Arbitration in Tanzania.
    (University of Dar es Salaam, 2020) Mjella, Mwantumu Mwaita
    Occasionally, mediation of dispute through alternative dispute resolution methods has been ineffective and hopeless to the parties seeking possible solutions to the dispute. The ineffectiveness had been claimed to be a result of unethical practices among mediators or parties to the dispute which tended to delay the mediation process and narrowed the range of possible solutions to the dispute. This qualitative research used interviews, a questionnaire and documentary review to examine the claims of ethical practices that delay the mediation process at the Commission for Mediation and Arbitration’s (CMA)head offices in Dar es salaam, Tanzania and possible solutions to these practices. The study found out that although it is often hardly possible to note unethical practices among mediators working to resolve disputers through mediation, unethical practices such as intimidating the parties to the dispute, brainwashing of parties involved in the disputes and unwarranted taking of side often go un-noticed. The study recommended that rational mechanisms be established to deal with unnecessary delays of the mediation process. These mechanisms included hiring of right professional people , developing peoples’ understanding on mediation process, putting different controls in place, building a culture of transparency, openness and communication between the CMA and parties to the disputes