Background

I. Context

The ongoing conflict in eastern Ukraine has had a direct and highly negative impact on social cohesion, resilience, livelihoods, community security, and the rule of law. Recognizing the need to urgently address reconstruction, economic recovery and peacebuilding needs in areas affected both directly and indirectly by the conflict, in late 2014 the Government of Ukraine requested technical assistance and financial support from the international community to assess priority recovery needs. In late 2014, the United Nations, the World Bank and the European Union conducted a Recovery and Peacebuilding Assessment, which was endorsed by the Cabinet of Ministers in mid-2015.

UNDP has been active and present in eastern Ukraine for the past decade, prior to the conflict, with a focus on community development, civil society development, and environmental protection. Work on addressing the specific conflict-related development challenges discussed above built on this earlier engagement and established partnerships and started in 2015 through the United Nations Recovery and Peacebuilding Programme (UN RPP), a multi-donor funded framework programme implemented by four United Nations partnering agencies: the United Nations Development Programme (UNDP), the UN Entity for Gender Equality and the Empowerment of Women (UN Women), the United Nations Population Fund (UNFPA) and the Food and Agriculture Organization of the United Nations (FAO).

The UN RPP was designed to respond to and mitigate the causes and effects of the conflict. It is based on findings of the Recovery and Peacebuilding Assessment (RPA) and is aligned to the State Target Programme for Recovery as well as to the two oblasts development strategies up to 2020. The UN RPP involves three pillars for action: 1) restoration of infrastructure and economic recovery; 2) support to local governance and related capacity building; and 3) social resilience and peacebuilding. It is an integral component of the UNDP Country Programme and is therefore fully aligned with the United Nations Partnership Framework (UNPF) It is closely interlinked with the Democratic Governance and Reform Programme, operating nationally and in all of Ukraine’s regions and is consistent with the SDGs, in particular SDG 16 (Peace, Justice and Strong institutions).

As an area-based programme specifically developed for the conflict-affected areas of eastern Ukraine, the UN RPP addresses the key stabilization, peacebuilding, economic and governance priority needs in eastern Ukraine following the start of the conflict. It takes into account the opportunities that have arisen from the Minsk Protocol of September 2014 and the renewal of its cease-fire provisions (the latest cease-fire having been agreed in March 2018) and is also fully adjusted to the humanitarian-development nexus.

The Programme’s interventions are grouped under the following key Programme components, which reflect the region’s priority needs:

Component I: Economic Recovery and Restoration of Critical Infrastructure

Component II: Local Governance and Decentralization Reform

Component III: Community Security and Social Cohesion (CSSC).

The Programme, which operates on the basis of a pooled funding arrangement, follows a multi-sectoral programme-based approach and is implemented using an area-based methodology. With the current project, it is a unifying interventions framework for 10 projects funded by 11 international partners.

Component ??? of UN RPP «Community Security and Social Cohesion» (CSSC) aims to reach some of its goals through enhancing community security; civic mobilization and empowerment of communities; reconciliation and restoration of social cohesion.

CSSC approach is being implemented through Community Security and Social Cohesion Working Groups as open dialogue platforms which are inclusive and representative of the respected communities. CSSC Mobilization Methodology involves the use of participatory methods and involving a wide range of stakeholders to look for and implement community-based solutions for community security, civil protection and social cohesion.

The overall objective of the Project “EU Support to the East of Ukraine – Recovery, Peacebuilding and Governance” under Component III of UN RPP is to restore effective governance and promote reconciliation in crisis-affected communities of Donetsk and Luhansk regions of Ukraine thereby enhancing the credibility and legitimacy of local governments in the government-controlled areas of the regions. It will contribute to peace-building and preventing further conflict in Ukraine through effective and accountable decentralization, gender-responsive recovery planning and equal access to services, as well as enhanced community security and social cohesion.

This endeavor will be achieved through the pursuit of the following specific objectives:

1. To enhance local capacity for gender-responsive decentralization and administrative reforms to improve governance, local development and the delivery of services.
2. To stimulate employment and economic growth by providing assistance to Micro, Small and Medium Enterprise (MSME) development through demand-driven business development services and professional skills training.
3. To enhance social cohesion and reconciliation through the promotion of civic initiatives.
4. To support sector reforms and structural adjustments in health, education and critical public infrastructure to mitigate direct impacts of the conflict.

One of the objectives of the Project is to improve the efficiency of justice, at the local level. Starting from 2017 the Civil Procedural Code of Ukraine contains the alternative dispute resolution procedure. The introduction of this procedure aims at speeding up the process of the judicial dispute resolution. However, the implementation of this procedure stays at a very low level, as it is quite new for the Ukrainian judges. Besides this, the respective skills are not a part of the national legal education and existing courses provided by the National School of Judges of Ukraine are not systemic. All this creates a situation when newly introduced changes in the national legislation cannot be fully and timely implemented. For this reason, the UN RPP seeks for two highly-qualified professionals who could conduct the respective training on the Alternative Disputes Resolution for judges of the local courts of general jurisdiction, who serve in Donetsk and Luhansk regions (GCA).

Duties and Responsibilities

II. Scope and Objective of the Assignment

Under the supervision of UN RPP Community Security and Social Cohesion Specialist and in cooperation with each other the International Consultants are expected to deliver knowledge and skills on how to conduct the Alternative Dispute Resolution (ADR) procedure for judges of the local courts of general jurisdiction with no relevant (ADR) education or prior experience by successfully completing the present assignment including the following:

1. Joint preparation of the Concept Note and Agenda of training;
2. Joint conduction of two 5-days training on ADR for judges of the local courts of general jurisdiction (20 participants per training, 40 participants in total);
3. Joint preparation of Training Report including recommendations and lessons learned.

III. Duties and Responsibilities

1. To prepare and provide UN RPP with the Concept Note and Agenda of training, pre- / post-training questionnaire, training materials. The Concept Note should include:

• Goals and Objectives;
• Skills and Knowledge to be obtained;
• Methods to be used;
• Duration of training;
• Information about trainers;
• Hand-out materials.

The Concept Note and Agenda may be provided Russian. Pre- / post-training questionnaire should be provided in Russian and include at least 10 questions. The hand-out materials should be provided in Russian. For this, the mentioned materials should be provided at least three weeks prior to the training. It is the contractor’s responsibility to check whether the translation is in line fully with training’s goals and priorities. Also, the UN RPP will provide Russian translation of the respective articles of the Civil Procedural Code of Ukraine. The Concept Note and The Concept Note, Agenda, pre- / post-training questionnaire, hand-out materials should be approved by UN RPP.

To conduct training on ADR:

• Number of training – 2 five days training sessions;
• Number of participants – 40 (20 participants per 1 training);
• Language of training delivery – Russian (translation won’t be provided);

Time frames for training delivery – mid-August; for 12 days (including 2 days off which will not be paid by UN RPP.To prepare with the Training Report, which will include:

• Pre-training questionnaire and its result;
• Trainees’ feedback on training – lessons learned and recommendations;
• Conclusions.

All materials including the Training Report shall be submitted electronically (Formats of: *.docx,) in Russian.

IV. Deliverables

The following deliverables will be provided by the contractor

V. Proposed Payment Schedule

UNDP will pay the negotiated amount in 2 tranches as per delivery of the outputs outlined above.

Payments will be processed upon full completion and acceptance of contractual obligations where Programme Coordinator signs certification of acceptance.

VI. Monitoring and Reporting Requirements

The Consultants shall work under overall guidance and direct supervision of the Community Security and Social Cohesion Coordinator in accordance with terms of deliverable submission through meetings\calls\mails.

Electronic versions of reports and duly completed timesheets should be prepared and submitted for clearance and approval by the UN RPP Component Lead in accordance with terms of deliverable submission.

The Consultant should clearly and concisely identify the work that has been carried out during this period, list major accomplishments, and difficulties/problems encountered during the process. The report should also indicate whether the result was achieved or whether there is a delay in the implementation of the planned activities. In the case of a delay, the reasons and advised solutions should be clearly stated.

Competencies

• Ability to perform teaching / training / coaching work;
• Deliver outputs in a timely manner;
• Excellent interpersonal communication skills;
• Sound judgment and maturity to foster a positive work environment;
• Ability to work effectively as part of a team;
• Demonstrated strong analytical, coordination and facilitation skills

Required Skills and Experience

• Education: At least Masters’ degree or equivalent in Law;
• At least 5 years of relevant professional experience in the field of Law;
• At least 5 years of relevant professional experience in the field of Alternative Disputes Resolution;
• At least 1 of relevant professional experience in the field of mediation in courts;
• At least 5 years of teaching / training / coaching experience;
• At least 5 years of teaching / training / coaching experience in Alternative Disputes Resolution;
• At least 2 years of experience with international organizations;
• Languages proficiency: Professional fluency in Russian.

VII. Documents to Be Included When Submitting the Proposals

Applicants shall submit the following documents:

VIII. Financial Proposal

 Lump sum contract

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in instalments or upon completion of the entire contract). Payments are based upon output, i.e. upon delivery of the services specified in the TOR. In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount (including travel, per diems, and number of anticipated working days).

 Travel costs

UNDP will not provide travel / accommodation, these expenses should be included to the Proposal. This includes all travel to join duty station/repatriation travel. In general, UNDP should not accept travel costs exceeding those of an economy class ticket. UN RPP, however, may help (if needed) with logistics on mentioned issues around Ukraine. Should the Individual Consultant wish to travel on a higher class he/she should do so using their own resources. In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, prior to travel and will be reimbursed.

IX. Evaluation Criteria

• Education: At least Masters’ degree or equivalent in Law – Pass/Fail;
• At least 5 years of relevant professional experience in the field of Law – Pass/Fail;
• At least 5 years of relevant professional experience in the field of Alternative Disputes Resolution – Pass/Fail;
• At least 1 of relevant professional experience in the field of mediation in courts – Pass/Fail;
• At least 5 years of teaching / training / coaching experience – Pass/Fail;
• At least 5 years of teaching / training / coaching experience in Alternative Disputes Resolution – Pass/Fail;
• At least 2 years of experience with international organizations – Pass/Fail;
• Languages proficiency: Professional fluency in Russian – Pass/Fail.

X. Evaluation Method

 Lowest price and technically compliant offer

Contract award shall be made to the Contractor whose offer has been evaluated and determined as:

1. responsive/compliant/acceptable, fully meeting qualification criteria below:
2. offering the lowest price.