Consultancy Services in the Area of Alternative Dispute Resolution (ADR) 179 views

2021/AO/18 – 16 MAY 2021 – CALL FOR TENDERS – INTERNATIONAL CONSULTANCY SERVICES IN THE AREA OF ALTERNATIVE DISPUTE RESOLUTION (ADR)

Opportunity Background

BACKGROUND

The Council of Europe continues to provide support to the national authorities where projects and activities are implemented in reforming the judiciary and the justice systems with the purpose of bringing them in line with the standards and recommendations of the Council of Europe.

One of the areas where the Council of Europe’s Department for the Implementation of Human Rights, Justice and Legal Co-operation Standards provides technical support and implements co-operation activities concerns the reforming of justice systems through the improvement of effectiveness and expansion of the use of ADR mechanisms, with a view to reducing the unnecessary workload of national courts, so that they deliver timely and high quality decisions, as required by the European Convention on Human Rights case-law on the right to fair trial (Article 6 of the European Convention on Human Rights).

The Council of Europe is looking for a maximum of consultants 75 (25 for each Lot) for the provision of consultancy services in the fields mentioned below related to the promotion of ADR within the framework of projects (both country-specific and regional) and cooperation activities implemented by the Department for the Implementation of Human Rights, Justice and Legal Co-operation Standards in Armenia, Belarus, Georgia, North Macedonia (Republic of), Moldova (Republic of), Tunisia, Turkey, Ukraine (list of countries non-exhaustive).

The framework contract is concluded until 01 June 2022, with the possibility to renew it automatically on an annual basis until 01 June 2025. The total amount of the object of present tender should in principle not exceed 150,000 Euros per year of the duration of the Framework Contract. This information does not constitute any sort of contractual commitment or obligation on the part of the Council of Europe.

Opportunity Structure

LOTS

Council of Europe’s Department for the Implementation of Human Rights, Justice and Legal Co-operation Standards provides technical support and implements projects in a number of countries in relation to the use of ADR mechanisms in criminal and non-criminal cases.

SCOPE OF THE FRAMEWORK CONTRACT

Throughout the duration of the Framework Contract, being instructed, supervised and coordinated by the designated staff members from the Council of Europe, the pre-selected Providers may be asked to offer the national authorities the advice and expertise in the fields described below:

Under LOT 1 – Conciliation in criminal matters

  • Assess national legislation and practices on conciliation in criminal matters, including through a review of the rules and procedures and development of recommendations as to their improvement in the light of the Council of Europe standards;
  • Assess the needs of the current system of conciliation in criminal law; provide comparative analysis of best practices in member States and existing international conciliation models;
  • Conduct monitoring of the implementation of conciliation and practical application of existing regulations;
  • Provide advice with regard to piloting new models of conciliation in selected courthouses, including by designing and developing new models of conciliation and support their implementation within the relevant national legislation;
  • Conduct training needs assessment (TNA) of conciliators and staff of conciliation bureaux (centres); – Develop and update conciliation training programmes and materials, prepare a refresher conciliation training programme and materials; conduct training of trainers (ToT);
  • Deliver seminars for judges, prosecutors and other stakeholders on conciliation;
  • Develop new or update existing manuals, guidebooks or handbooks on conciliation for judges, staff of conciliation bureaux (centres), prosecutors, lawyers and other stakeholders;
  • Develop handbooks, general information leaflets and posters for conciliation users and the general public.

Under LOT 2 – Mediation and arbitration

  • Assess national legislation and practices on mediation and arbitration, including through a review of the rules and procedures and development of recommendations as to their improvement in the light of the Council of Europe and other international standards;
  • Conduct a gaps analysis related to mediation and arbitration;
  • Conduct comparative review of the European best practices and other international models of mediation and arbitration;
  • Conduct research on the feasibility of various aspects of organisation of mediation;
  • Conduct a needs analysis of the institutional capacity of mediation bureaux (centres) and the training needs assessment of their staff;
  • Evaluate the existing legal framework and practices in the field of family law and referral mediation as well as develop methodology for a case study on monitoring selected types of cases in line with European standards;
  • Provide advice on defining a case management, monitoring and evaluation system of the mediation services;
  • Prepare a model pilot training programme and conduct training on the case management, monitoring and evaluation system for the staff of private mediation centres;
  • Provide advice for the development of a unified assessment and accreditation system for mediators; – Conduct information seminars on mediation and arbitration for members of the judiciary, lawyers and other stakeholders;
  • Design and conduct basic, advanced and specialised training courses and ToTs on mediation, practical examination of mediators and their accreditation;
  • Conduct awareness raising seminars on mediation and arbitration, roundtable discussions and information meetings with businesses and their representatives;
  • Prepare practical handbook, guidebooks, public information leaflets and posters on mediation and arbitration for relevant target groups and the general public.

Under LOT 3 – Strategic planning and policy development of ADR mechanisms

  • Participate, make presentations and provide expert input on key issues related to the strategic planning and policy development on ADR mechanisms at international high-level conferences, dedicated fora and meetings;
  • Provide advice to national authorities related to strategic planning and development of policy on the ADR mechanisms;
  • Provide advice on the development of awareness raising strategy on the ADR mechanisms and its implementation.

The above list is not considered exhaustive. The Council reserves the right to request deliverables not explicitly mentioned in the above list of expected services, but related to the field of expertise object of the present Framework Contract.

Competitive Scope

Eligibility criteria

Tenderers shall demonstrate that they fulfil the following criteria (to be assessed on the basis of all supporting documents listed in Section F):

Common criteria for all lots:

  • In-depth knowledge of international and European standards and best practices concerning ADR mechanisms, in particular, conciliation, mediation and/or arbitration;
  • At least 5 years of professional experience in areas related to the ADR of which at least 3 years acquired in an international context;
  • Good understanding of integrating gender equality and other relevant human rights and rule of law issues into the area of ADR;
  • Excellent knowledge of the English language (at least level C1 of the Common European Framework of Reference for Languages); OR
  • Excellent knowledge of the French language (at least level C1 of the Common European Framework of Reference for Languages (only for projects implemented in French-speaking countries);
  • A financial offer not exceeding the limit set out in the Act of Engagement.

Criteria for specific lots:

For Lot 1 (Conciliation in criminal matters):

Minimum 5 years of work experience in the field of conciliation, dealing with at least one of the following issues:

  • needs assessment, research, legislative review and comparative analysis;
  • case monitoring, policy design and drafting of recommendations;
  • development and implementation of training programmes;
  • delivering seminars for judges and prosecutors;
  • preparation of practical information tools for professionals and awareness raising materials for conciliation users.

For Lot 2 (Mediation and arbitration):

Minimum 5 years of work experience in the field of mediation and/or arbitration, dealing with at least one of the following issues:

  • needs assessment, research, legislative review and comparative analysis;
  • evaluation of mediation services, case management and performance assessment;
  • policy design and provision of practical recommendations;
  • development and implementation of training programmes for mediation/arbitration professionals;
  • delivering seminars for judges, lawyers and mediation/arbitration professionals;
  • preparation of practical information tools for mediation/arbitration professionals and/or awareness raising materials for the users.

For Lot 3 (Strategic planning and policy development of ADR mechanisms):

Minimum 5 years of work experience in the field of ADR mechanisms, dealing with at least one of the following issues:

  • development of policies, strategic planning and co-ordination of ADR mechanisms;
  • design of awareness raising strategy and public information campaigns.

General information can be found on the website of the Council of Europe: http://www.coe.int

Other questions regarding this specific tendering procedure shall be sent at the latest by one week before the deadline for submissions of tenders, in English or French, and shall be exclusively sent to the following address:

[email protected]

This address is to be used for questions only; for modalities of tendering, please refer to the below Article.

Tenders must be sent to the Council of Europe electronically.

Electronic bids shall be sent only to [email protected] with the subject line “2021AO18 – Consultancy services_ADR”. Tenders submitted to another e-mail account will be excluded from the procedure.

  • To help us track our procurement effort, please indicate in your email where (ngotenders.net) you saw this tender/procurement notice.

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