Consultant to Develop Mediation Training Manual, Training Curriculum and Mentorship Guidelines for Mediators in Kenya
The Judiciary is an independent, impartial, transparent and accountable institution anchored under Article 159 of the Constitution. Its mission is to deliver justice fairly, impartially and expeditiously, promote equal access to justice, and advance local jurisprudence by upholding the rule of law. To address case backlog as an existing impediment to efficient administration of Justice and in line with Article 159(2) (c) of the Constitution and Pillar One of the Judiciary Transformation Framework (JTF) 2012-2016, the Judiciary has been implementing the court-annexed mediation (CAM) in the High Court Divisions in Nairobi since April 2016, and replicated to 12 High court stations across the country. In 2012, in line with the provisions of Article 159 (2) of the Constitution, the parliament amended Section 59 of the Civil Procedure Act to incorporate all the alternative dispute resolution (ADR) mechanisms. Section 59(A) established, the Mediation Accreditation Committee (MAC), outlined its composition and its mandate. In February 2015, the Chief Justice of the Republic of Kenya appointed the members of MAC, with the mandate to develop mediation pilot rules, accredit mediators and enforce code of conduct governing mediators. The achievements of the MAC since 2015 to date include development of: (i) Mediation (Pilot Project) Rules; (ii) CAM Practice Directions; (iii) Code of ethics and accreditation standards by the MAC; and (vi) accreditation of more than 550 mediators and compilation of a register of accredited mediators. An external end-pilot evaluation conducted in 2016, identified the CAMP’s strengths, weaknesses and provided comprehensive recommendations for taking mediation forward, which included the need to develop and implement a uniform training manual and curriculum for mediators.
To implement these recommendations referenced above, the Judiciary Mediation Accreditation Committee (MAC), Mediation Taskforce and Court Annexed Mediation Secretariat in partnership with IDLO seek to recruit a consultant to develop a Mediation Training Manual, Training Curriculum and Mentorship Guidelines for Mediators.
The Consultant’s duties and responsibilities will include:
1. Undertake a participatory training needs assessment for mediators through a process of role player consultation with stakeholders.
2. Based on the results of the training needs assessment, and in coordination with IDLO’s Capacity Development Unit and the Judiciary Mediation Accreditation Committee(MAC) develop the following products:
- A standard training and retraining curriculum for mediators in line with IDLO`s training quality standards and participant-centered training methodology;
- A mediation training manual for mediation training institutions; and
- A mentorship & continuous professional development (CPD) guidelines with dedicated tools for accredited mediators.
3. Integrate the principles of equality and non-discrimination into the documents to be developed.
4. Conduct wide stakeholder consultations in the process of developing the above documents.
5. Facilitate validation of all the draft documents developed with stakeholders, and incorporate feedback.
6. Work closely with MAC secretariat, Mediation taskforce and the CAM Secretariat to support the processes of formalizing the developed documents through the Judiciary’s processes.
7. Any other necessary task(s) related to fulfilling the objectives of the contract.
Within ninety (90) calendar days from date of engagement.
IDEAL CANDIDATE PROFILE
The Consultant(s) should have the following skills, qualification and experience:
- A Bachelor’s degree in Law, social sciences, development or related discipline to commercial justice sector. A Post Graduate Degree in the any of the listed disciplines will be an added advantage.
- Post Graduate and professional qualifications in Mediation
- Post Graduate and Professional qualifications in Legislative Drafting
- An advocate of the High Court with at least five (5) years post-admission experience.
- 5 – 7 years’ professional experience in ADR mechanisms, Rule of Law and Access to Justice Work.
- Demonstrated training skills and experience in legislative drafting.
- Demonstrated skills and experience in offering professional mediation trainings and mentorship programmes.
- Sound knowledge of ADR mechanisms, processes, needs and ongoing reforms in the Kenyan context.
- Strong understanding of the rule of law, including general familiarity with constitutional and institutional reforms in Kenya and/or the region/similarly placed jurisdictions.
- Meet the requirements of Chapter Six of the Constitution including integrity, impartiality, confidentiality and work ethic.
- Professionalism in engaging internally MAC and externally with stakeholders.
- Excellent organizational, interpersonal and communication skills.
- Flexibility of ideas and time.
- Proficiency with Microsoft Office programs and other computer applications.
- Fluent oral and writing skills in English is required.
TERMS AND CONDITIONS
The Services will be performed in the Republic of Kenya. The assignment will be undertaken for 90 calendar days, starting August 20, 2020 to November 18, 2020. The assignment is output based, and at times the flexibility of scheduling and availability might be required to ensure completion of work during time frame.p
DISCLAIMER AND CLOSING DATE
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.
Application deadline is by July 22, 2020.