Background

Justice System Programme (JSP) has been supporting the justice sector in Timor-Leste in collaboration with the government, civil society and development partners for more than a decade. Building on the JSP’s concerted efforts to date, JSP Phase IV (2014-2018) aims to consolidate further the rule of law in Timor-Leste by strengthening the institutional capacity and the improving access to justice of the vulnerable. The capacity development support focuses on quality legal education for professionals through the Legal & Judicial Training Centre and technical assistance to justice institutions. Continuing Mobile Justice and the new establishment of legal aid clinics are expected to reinforce access to justice for women and disadvantaged people in rural areas of Timor-Leste.  

Access to Justice Clinics (AJCs), one of the JSP projects in regard to increasing access to justice in Timor-Leste, was established under the Public Defender’s Office (PDO) in 2017 to improve the PDO’s legal aid service to vulnerable groups in Timor-Leste. Article 22 of the Statute of the PDO (Decree Law No. 10.2017) institutionalizes AJCs as the extra-judicial section of the PDO’s functional structure, building upon existing criminal and civil sections. Two pilot offices are situated in the Baucau and Suai Judicial Districts within the PDO premises, and Civil Society Organizations (CSO) specializing in mediation and legal assistance are staffed to AJCs. The mediation service is one of the five functions of AJCs, which are i) legal education (community outreach), ii) mediation service, iii) referral, iv) paralegal programme, and v) facility monitoring. In Timor-Leste, the Alternative Dispute Resolution is regarded as imperative to help reduce court congestion and create an interface with traditional dispute resolution mechanisms that are still prevalent. After a year of the project implementation, JSP identifies that the mediation resolution rate of AJCs is lower than expected. The consultations with the Public Defenders and AJC staff confirmed that the mediation skills and techniques need to be improved. Hence, JSP plans to have a 3 day workshop on mediation skills and techniques focusing on resolving land and family disputes.

Duties and Responsibilities

OBJECTIVE OF THE ASSIGNMENT

The objective of this assignment is to effectively facilitate and deliver a training programme on mediation skills and techniques to the UNDP partners – public defenders and CSO partners. The training will help the participants better understand the mediation process, learn how to engage with disputing parties, and ensure good outcomes from the process. The training programme is strongly recommended to reflect the current status of the formal and informal justice systems, the capacity of legal professionals, and citizens’ awareness of the formal dispute resolution process in Timor-Leste. The course will be conducted in Tetum or Bahasa Indonesia.

Activities and Expected Outputs

With the collaboration of the JSP project manager and the team, the consultant will be responsible for the following duties:

1. Plan the 3 day training programme on mediation skills and techniques (recommended to simulate real case scenarios and present examples tailored for the Timorese context);
2. Facilitate and deliver the training/workshop in Tetum or Bahasa Indonesia; and
3. Submit a post-activity report on the results of the training and lessons learnt.

Expected outputs and outcomes of the activity include:

i.Increased confidence and skills of the participants in the alternative dispute resolution system, in particular, the mediation process;

ii.Enhanced knowledge on resolving land and family disputes through mediation;

iii.Improved resolution rates for mediation participants at Access to Justice Clinics;

iv.Increased access to justice for vulnerable groups; and

v.Strengthened justice service delivery and institutional capacity of the legal aid system in Timor-Leste.

EVALUATION PRODUCTS (DELIVERABLES)

• Training Programme — detailing the proposed training programme and methodology with rationale, training materials (hand-outs), and the workshop evaluation tools (e.g. pre- and post-tests, post-workshop evaluation)
• Delivering the training
• Results-based post-activity report – summarizing the activity, results, and lessons learnt

Competencies

• Technical expertise in alternative dispute resolution
• Good understanding of the formal and informal justice systems, the capacity of legal professionals, and citizens’ awareness of the formal dispute resolution in Timor-Leste;
• Strong verbal communication and training skills; and
• Excellent understanding of international development issues especially in access to justice.

Required Skills and Experience

• Advanced university degree (Master’s degree or equivalent) in alternative dispute resolution or law (A combination of relevant qualifications and experience may be accepted in lieu of a university degree);
• Minimum 7 years of experience as a professional lawyer/mediator (international development experience as a mediator in a developing countries is an advantage);
• Relevant professional experience in facilitating training in conflict resolution/mediation; and
• Fluency in Tetun and English.

SCOPE OF PRICE PROPOSAL AND SCHEDULE OF PAYMENTS

Lump Sum Contract

The financial proposal must be expressed in the form of a LUMP SUM amount that is all-inclusive of all costs, supported by a breakdown of costs, as per the template provided. The amount should be inclusive of professional fees, travel costs (travel to duty station and repatriation), living allowance, insurance, communication etc.

In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the Consultant wish to travel business class he/she should do so using their own resources. In case of unforeseeable travel, payment of costs including tickets, lodging and terminal expenses should be agreed upon, between UNDP and Consultant, prior to travel, and will be reimbursed. If a Consultant is employed by an organization or company/institution, and he/she expects his/her employer to charge a management fee in the process of releasing him/her to UNDP under a Reimbursable Loan Agreement (RLA), the Consultant must indicate at this point, and ensure that all such costs are duly incorporated in the financial proposal submitted to UNDP.

CRITERIA FOR SELECTION OF THE BEST OFFER

Combined score method including 70% of qualification criteria and 30% price offer.   

RECOMMENDED PRESENTATION OF OFFER

The candidate must submit the following documents to demonstrate their qualification:

1. Duly accomplished Letter of Confirmation of Interest and availability.
2. Personal CV or P11 form, indicating all past experience from similar projects as well as contact details including e-mail and phone number of the candidate and at least three professional references.
3. Financial proposal that indicates the all-inclusive fixed total contract price. A break-down of this lump sum amount be provided by the candidates.

Only short-listed candidates will be notified. Women candidates are strongly encouraged to apply.