Consultant - Development of ADR Policy Framework

THE ASSIGNMENT 

IDLO, the Judiciary (Court Annexed Mediation Implementation Taskforce) and the Nairobi Centre for International Arbitration (NCIA) seek to recruit a Consultant to draft a national ADR policy and propose the relevant legal framework for ADR in Kenya.

Under the overall supervision and direction of the Chief Registrar of the Judiciary, the Chair of the ADR Taskforce, the Registrar, NCIA, and in consultation with the IDLO Kenya team, the Consultant will:

• Conduct Stakeholder mapping using the ADR Baseline Assessment Report  as a reference tool.

• Extract and identify policy and legislative review requirements from the baseline report and engagement with stakeholders.

• Identify national laws, policies and regulations that need revision as per the baseline and recommendation report.

• Develop the draft ADR policy, a one year national action plan for the policy, draft legislation, rules and regulations related to ADR.

• Undertake necessary stakeholder engagements for public participation in accordance with Article 10(1) of the Constitution of Kenya for the collation of views on the proposed draft policy and necessary legal reform.

• To ensure all gender related issues that have an impact on access and use of ADR are captured in the Policy.

Review necessary documentation in accordance with the recommendations drawn from the ADR baseline assessment report and conduct validation with stakeholders. 

 • Undertake desktop research, participant observation, comparative analysis of the approaches to ADR from similar jurisdictions and engagement with experts in the sector, Judiciary, and other stakeholders, to inform legislative design.

• Provide monthly progress reports and presentations to the ADR Taskforce, NCIA and IDLO.

• Submit a report noting clear recommendations for action, including necessary legal and policy reforms and strategic roadmap for interventions.

• Brief final technical report for IDLO- documenting all the support provided within the contracted period (the implementation of the TORs: key results realized, perceived impact of project, challenges faced and recommendations to IDLO and the Judiciary, other actors.)

• Perform such other duty as may be assigned in line with the project via IDLO, the Chief Registrar of the Judiciary, the Chair of the ADR Taskforce, and the Registrar, NCIA.

IDEAL CANDIDATE PROFILE

Education

• Hold a Bachelor of Laws Degree (or other relevant qualification in the social sciences) together with a post-graduate degree in a relevant field. 

Work experience

• Have at least 7-10 years of professional experience regarding rule of law and governance sector reforms.

Languages

• Fluent oral and writing skills in English is required.

Technical competencies

• Must possess strong understanding of alternative dispute resolution and have demonstrated experience in legislative drafting/research.

• Experience in legal research, analysis and writing, particularly in the field of ADR and AJS. 

• Experience and administration in areas related to judicial reforms is an added advantage.

• Experience with different ADR practices, especially in international jurisdictions. 

• Familiarity with the social, political and economic context in Kenya and/or the region/similarly placed jurisdictions. Experience in more than one country context is a significant advantage, especially comparative jurisdictions.

• Possess strong work ethic characterized by desire to achieve results. Ability to multi-task in a high-pressure environment, respond rapidly to ad hoc requests, meet tight deadlines and ensure diplomacy and tact when engaging with stakeholders. 

• Strong problem-solving skills, with a high degree of personal and professional organization.

• Be computer savvy, able to navigate basic programs with proficiency and be able to utilise social media applications to aid her/his work.

DISCLAIMER 

The above statements are intended to describe the general nature and level of the work being performed by the staff member assigned to this work. This is not an exhaustive list of all duties and responsibilities. 

The Director-General of IDLO reserves the right to amend and change responsibilities or even to cancel the recruitment to meet business and organizational needs as necessary.