Consultant To Develop A Training Of Trainers’ Manual On Adjudication And Conciliation Job at IDLO - International Development Law Organization

BACKGROUND

International Development Law Organisation (IDLO) is the only intergovernmental organisation devoted to promoting the rule of law. IDLO works to enable governments and empower people to reform laws and strengthen institutions to promote peace, justice, sustainable development, and economic opportunity. IDLO is currently providing technical support towards implementing the Constitution of Kenya through strategic policy development, critical legislative review, expert technical advice, institutional strengthening, capacity building, and knowledge generation. The supported institutions include the Judiciary, the National Council on Administration of Justice (NCAJ), Kenya Judiciary Academy (KJA), National Legal Aid Service (NLAS), and the National Council for Law Reporting (NCLR), among others.

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The Kenya Judiciary Academy (KJA) is the judicial training institute with a delegated mandate to meet judicial officers' training, research, and capacity development needs. This is achieved through the design and delivery of training programs, exchange learning programs, seminars, public lectures, research, and other forms of discourses that facilitate the growth of jurisprudence and judicial practice and enhance judicial capacities for better administration of justice.

THE ASSIGNMENT

In line with ongoing reforms in the commercial justice system, the growth of jurisprudence on Conciliation and Adjudication requires implementing innovative strategies to improve the capacity of commercial courts and practitioners' use of conciliation and adjudication as an alternative to the resolution of commercial disputes. This requires that practitioners be conversant in conciliation and adjudication to effectively use this method of ADR. Building a strong community of Training of Trainers (TOT) on the subject matter is one such strategy to ensure the creation of a community of knowledgeable practitioners.

IDLO, in partnership with the KJA, seeks to engage a consultant to develop a TOT Manual on Adjudication and Conciliation in line with the trends and developments in this field of commercial law.

The Consultant's responsibilities will include:

• Undertake a robust and participatory training needs assessment (TNA) and trend analysis of the developments in jurisprudence from the Employment and Labour Relations Court (ELRC) on conciliation and adjudication.
• Based on the findings of the TNA, carry out desk research on the ideal models and approaches for training trainers (ToT) on the subject matter.
• Informed by the findings of the TNA, develop a standard TOT Manual on Adjudication and Conciliation for the ELRC, in line with IDLO's training quality standards and participant-centred training methodology.
• Integrate the principles of equality and non-discrimination into TOT Training Manual on Adjudication and Conciliation for the ELRC developed.
• Present the draft TOT Manual on Adjudication and Conciliation in meetings with the ELRC and other commercial justice stakeholders, such as KJA, LSK, Judiciary, and BCUCs, for feedback.
• Consider and incorporate feedback from stakeholder consultations into the Final TOT Manual on Adjudication and Conciliation.
• Present the final TOT Manual on Adjudication and Conciliation for validation to the ELRC, legal and other practitioners, and commercial justice actors.
• Finalise and present the TOT Manual on Adjudication and Conciliation to the ELRC, KJA, and IDLO in; (i) publication format; and (ii) Shareable Content Object Reference Model (SCORM) format, to be imported into the KJA e-learning platform.
• Facilitate the first pilot training of the ELRC Judges on adjudication and conciliation under the leadership of KJA, using the developed TOT Manual on Adjudication and Conciliation.

DELIVERABLES

The Expert will deliver the following:

• An Inception Report detailing the understanding of the assignment, methodology, timelines, work plan, potential risks, and mitigation measures.
• A Training Needs Assessment Report on adjudication and conciliation.
• A final draft of the TOT Manual on Adjudication and Conciliation, presented in a publication format.
• An Assignment Completion Report and sources of information relied upon for the development of the manual.

Job Requirements

IDEAL CANDIDATE PROFILE

• The Consultant should have the following skills, qualifications, and experience:

Education

• Bachelor's Degree in Law, social sciences, development, or related discipline from a university recognised in Kenya.
• Post-graduate professional qualifications in Arbitration, Adjudication, Conciliation, or any other related field of ADR practice.

Work experience

• A minimum of 7 -10 years post-admission experience in Commercial Law Practice.
• 7 – 10 years of professional experience in Arbitration, Adjudication, Conciliation, or any other related field of ADR practice.
• Demonstrated skills and experience delivering on similar assignments, including training manuals and curricula.
• Demonstrated skills and experience in offering professional adjudication and conciliation training, peer-to-peer learning, or mentorship for ADR practitioners.
• Sound knowledge of ongoing reforms in the justice sector related to ADR practice.

Technical competencies

• Demonstrated legal analysis and writing skills, including proof of writing.
• Excellent organisational, interpersonal, and communication skills.
• Excellent work ethic founded on the principles of integrity and confidentiality.
• Proficiency with Microsoft Office programs and other relevant computer applications.