https://devbusiness.un.org/content/econsult-mediation-training-cambodia-debt-resolution-project
ASSIGNMENT OVERVIEW Assignment Title: 1276573- Mediation Training Cambodia Debt Resolution Project (601954) Assignment Countries:- Cambodia ASSIGNMENT DESCRIPTION International Finance Corporation (IFC), a member of the World Bank Group (WBG), is an international organization whose mission is to promote sustainable private sector investment in developing countries, helping to reduce poverty and improve peoples lives. The Cambodia Debt Resolution Project (601954) aims to strengthen the Cambodian debt resolution framework. A quick resolution of bad debts supports financial sector efficiency, enhances financial stability, and facilitate business recovery during economic downturn. Creditors confidence in the debt recovery through efficient contract enforcement, out-of-court workout and insolvency proceedings particularly improves access to finance for SMEs. The project has three components: (i) developing a mechanism for flexible out-of-court workouts to foster early debt resolution of financial distress; (ii) developing and implementing the required specific regulations under the Insolvency Law; and (iii) strengthening the capacity of debt resolution stakeholders. The National Commercial Arbitration Center (NCAC) is a non-profit commercial dispute resolution institution based in Phnom Penh. The center was established in 2006 following the promulgation of the Law on Commercial Arbitration and was officially launched in 2013. The NCAC provides businesses with an alternative to the Cambodian court system for the resolution of commercial disputes. As of today, NCAC has received 27 cases with a total sum-in-dispute of approximately USD 80 million. Foreign investors are among the users and almost of the total proceeding are conducted in English. Arbitration is currently the only available Alternative Dispute Resolution mechanism in Cambodia. Even though use of arbitration becoming a vital choice, it is not yet widely adopted. Structure Commercial Mediation is not available neither through the NCAC nor as part of court proceedings. Creating other ADR mechanism is much needed to offer diverse choice to business communities. Hence, the Cambodia Debt Resolution Project is supporting the NCAC to introduce commercial mediation for commercial and debt related disputes. 2. OBJECTIVES/ PURPOSE OF ASSIGNMENT As part of the projects efforts to introduce commercial mediation as an effective out-of-court workout resolution of debt related and commercial disputes and build capacity of local commercial mediators based on international best practice and standards, we seek to procure a consultant firm to: (1) provide training on commercial mediation to initially at least 18 mediators in Cambodia. The training should be followed by an assessment of the newly trained mediators, and provide internationally recognized accreditation/certification to successful candidates; (2) provide train the trainer training to about 5-10 mediators who have successfully passed the initial mediation training; and (3) design mediation course materials for Cambodia mediators, including sample procedural forms to be transferred to the WBG. The assignment would include the following: i. Training needs assessment for training of local mediators (may be conducted based on already existing project documents, assessments, virtual interviews with stakeholders; field visit is not expected for this phase given Covid-19 travel restriction); ii. Design and virtual delivery of appropriate training program and course materials (mediation manual, sample procedural forms) based on the training need assessment; iii. Practical exam/assessment of trainees to be conducted virtually and certification of successful mediators. Ideally, certification will be internationally or regionally recognized in East Asia; iv. Identification of trainees among the most successful mediator candidates who completed the first training, design and delivery of appropriate training program and course materials for Training of Trainers (TOT); v. Assessment and report on ongoing training needs. 3. SCOPE OF WORK This assignment is expected to start on October 4, 2021. The firm/consultant will carry out the assignment following the following Phases: 1. Phase 1: Training needs assessment (October 4-8, 2021). The purpose of the training needs assessment would be to identify potential candidates for the mediation training, as well as their training needs, among qualified representatives of the legal, financial, accounting and business industries in Cambodia. The training needs assessment will be conducted in cooperation with the NCAC and IFC project team. The IFC project team and the NCAC will provide the consultant firm with recent assessment reports (if any) and project materials, and any other information necessary to complete the assessment in an expedited manner. A visit to Cambodia is not expected for this Phase due to Covid-19 travel restriction. The assessment has to be carried out virtually with support from the NCAC and the IFC. 2. Phase 2: Design and deliver appropriate training program and award certificates to successful candidates (November 15-20, 2021): The training course is expected to be conducted virtually and last 6 working days. The training course must focus on international commercial mediation framework and skills which should include (but not limited to): i) Detailed overview of the international commercial mediation framework (e.g., UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreement Resulting from Mediation 2018) and practice; ii) Drafting mediation clauses/agreements under the International Commercial Mediation Law; iii) Mediation procedure- rules and practical skills (based on international best practice);- Utilize interactive approach to delivering training course including participatory activities such as role play that allow trainees to observe, act and comment;- Prepare training session summaries appropriate for translation into Khmer;- Develop assessment exercises and assess trainees during/following course;- Present the assessment results; and- Prepare a completion report advising on the ongoing training needs of the mediators;- Award certificates of successful completion to successful candidates. 3. Phase 3: November 29 December 4, 2021: Identify (group of individuals), design and deliver appropriate training program for Training of Trainers (TOT). The training course content must focus on building capacity to train mediators locally to continue the delivery of the training program developed by the consultant/firm;- Prepare course materials for future use by project clients. Training participants may include lawyers, arbitrators, former judges, lecturers/professors, and bankers. The training program will be organized in close cooperation with IFC and the NCAC. 4. LEVEL OF EFFORT (APPROXIMATE) The total level of effort is estimated to be up to 30 working days. The indicative level of effort: Training needs assessment (for Mediator Training and TOT): up to 5 days Design of a detailed training program (for Mediator Training and TOT): up to 5 days Preparation of training content, curriculum and course materials (in English) (for Mediator Training and TOT): up to 10 days Training delivery for mediators, assessment and certification: up to 5 days Training delivery for trainers, assessment and certification: up to 3 days Preparing a Report on ongoing training needs: up to 2 days 5. TIMELINE The assignment shall start no later than October 4, 2021 and conclude by December 31, 2021. Specific timing of the individual Phases will be discussed and agreed upon with the IFC project team. The timeline of the three Phases outlined above may be subject to change, upon discussion between the IFC project team, the NCAC and the consultant/firm. 6. LOCATION The assignment will be conducted virtually from location where the consultant/firm is based. 7. REPORTING AND DELIVERABLES The consultant/firm will be working under the close supervision of the Cambodia Debt Resolution Project Leader (PL) based in Phnom Pen and the World Bank Group Global Debt Resolution Product Senior Specialist (Global Specialist) based in Washington, D.C. Deliverables / Specific Outputs Expected from Consultant FUNDING SOURCE The World Bank Group intends to finance the assignment / services described below under the following:- BANK BUDGET ELIGIBILITY Eligibility restrictions apply: [Please type list of restrictions] INDIVIDUAL / FIRM PROFILE The consultant will be a firm. SUBMISSION REQUIREMENTS The World Bank Group now invites eligible firms to indicate their interest in providing the services. Interested firms must provide information indicating that they are qualified to perform the services (brochures, description of similar assignments, experience in similar conditions, availability of appropriate skills among staff, etc. for firms; CV and cover letter for individuals). Please note that the total size of all attachments should be less than 5MB. Consultants may associate to enhance their qualifications. Interested firms are hereby invited to submit expressions of interest. Expressions of Interest should be submitted, in English, electronically through World Bank Group eConsultant2 (https://wbgeconsult2.worldbank.org/wbgec/index.html) NOTES Following this invitation for Expression of Interest, a shortlist of qualified firms will be formally invited to submit proposals. Shortlisting and selection will be subject to the availability of funding. Only those firms which have been shortlisted will receive notification. No debrief will be provided to firms which have not been shortlisted.   Qualification Criteria   1.  Provide information showing that they are qualified in the field of the assignment. 2.  Provide information on the technical and managerial capabilities of the firm. 3.  Provide information on their core business and years in business. 4.  Provide information on the qualifications of key staff. *- Mandatory       Electronic Submissions through World Bank Group eConsultant2 https://wbgeconsult2.worldbank.org/wbgec/index.html   This is an announcement from the World Bank's e-Consultant2 system. Please refer to  https://wbgeconsult2.worldbank.org/wbgec/index.html  for the official announcement as well as for any updates.     Mediation Training Cambodia Debt Resolution Project Cambodia Not cancelled Request for Expression of Interest Consulting Services- Firm Wednesday, September 15, 2021- 17:00 WB-P818360-09/21 BB- BANK BUDGET General- Education and Training Wednesday, September 8, 2021 English Wednesday, September 8, 2021- 16:07 World Bank