Consultancies

Part of DRCs core business is to respond to invitations to advise on various aspects of dispute resolution.  With all three co-founders being legally trained, projects in which we are concerned, often involve the enhancement of access to justice through increased use of mediation.  Where a need is demonstrated, we may assist on a pro bono basis.    

To the justice sectors of several countries:

  • DRC supports the development of court-connected mediation programmes and has worked with the Multi Door Courthouse model in Nigeria for 5 years.  Energy has been focussed in Kenya on sensitising the legal, judicial and private sectors to the speed and cost-effectiveness of court-mandated mediation.  We are one of the stakeholders on Kenya's judiciary-led ADR Legal Reform Committee to amend Civil Procedure Rules and energise introduction of a pilot scheme in the courts.  With the backlog of cases in Kenya's courts now standing close to one million, the need is even more pressing.
  • Brenda Brainch has been contracted on a regular basis since 2003 by the British Council Security, Justice and Growth Programme on behalf of the Nigerian government, to review as well as to provide guidance and training to the Multi-door Courthouses in Nigeria, currently operational in the High Courts of the States of Lagos, Kano and Abuja FCT
    www.britishcouncil.org/nigeria-society-security-justice-growth
  • Guyana’s Justice Modernisation Strategy
    As an Associate of the London-based Law and Development Partnership, Brenda Brainch joined the team as ADR consultant.     The Strategy sets out to reform Guyana's criminal and civil justice sector across the board: from villages to prisons and included study of court practice, commercial dispute resolution and visiting the Amazon rainforest to learn about traditional dispute resolution within Amerindian tribes
  • The Sierra Leone Justice Sector Investment Plan requires improved access to justice.  Brenda Brainch has been working with the Sierra Leone Justice Sector Development Programme to introduce a Community Mediation Programme which forges links between formal and informal justice.
  • As Associate of the Law and Development Partnership, Brenda has also been engaged in further justice sector activity:
    • Rwanda Justice Sector Strategy: ADR in commercial and community justice
    • World Bank: Women in Commercial Justice.   Input for Nigeria
    • World Bank/ FIAS: Legal Framework for Investment in Kenya: Input on ADR
    • Government of Kenya: Reform of the Commercial Justice Sector in Kenya.  ADR input
    • Government of Tanzania's Business Environment Strengthening Programme.  ADR input.  

To business across Africa:

  • A Diagnostic Assessment of the potential for ADR among Nigeria's Medium, Small and Micro Enterprises: a pilot in the States of Abia, Kaduna and Lagos for the World Bank.  
    In 2005 the World Bank invited Brenda Brainch to research the extent to which small and medium businesses in Nigeria access commercial justice in three pilot States and how the introduction of ADR could impact positively on their businesses.     Recommendations are currently being adopted through a programme financed by the World Bank in partnership with the Nigerian Investment Promotion Council.  
  • As Associate of the Law and Development Partnership, Brenda Brainch has also been engaged in the following business-related projects:
    • IFC ADR Toolkit: review and redraft recommendations
    • World Bank/ FIAS: Legal Framework for Investment in Kenya: Input on ADR
    • Government of Kenya: Reform of the Commercial Justice Sector in Kenya.  ADR input
    • Government of Tanzania's Business Environment Strengthening Programme.  ADR input.  

To our communities:

  • World Bank Compliance and Adviser Ombudsman
    The CAO receives complaints from communities affected adversely by IFC-funded projects.  Through our close involvement with the African Mediation Association we were instructed to work with the CAO in mediating between Pan African Paper Mills and the surrounding communities in response to their complaints about pollution.  We sought to improve ongoing communications between the company and community and establish joint pollution monitoring programmes.
  • As Associate of the Law and Development Partnership, Brenda Brainch has also been involved in:
    • Hunger Safety Net Programme in Western Turkana: recommendations for establishing grievance mechanisms for Social Protection in Western Turkana.  Recommendations for managing grievances'.   
    • Rwanda Justice Sector Strategy: ADR in commercial and community justice

PAPERS / LECTURES DELIVERED

  • Strathmore University, Nairobi: Conference on the Role of Legal Ethics and Jurisprudence in Nation Building.  Paper entitled: Mediation, a Solution for the Legal Sector Crisis.  Anthony Gross
  • CEDR Exchange Forum, London: The Climate of ADR in Kenya. Brenda Brainch
  • British Council's Conference on Justice Sector Reform in Sub-Saharan Africa: Strategic framework and practical lessonsCommercial ADR.  Brenda Brainch
  • Distance Learning Programme for the Judiciary of African Anglophone countries on Judicial Reform, World Bank:  Uganda ADR Case Study.  Brenda Brainch 
  • Chartered Institute of Arbitrators African Conference on ADR and Arbitration: The Role of Mediation.  Anthony Gross
  • ECOWAS/ African Business Roundtable: Removal of Non-Tariff Barriers in ECOWAS sub-region: The role of ADR.  Brenda Brainch
  • King's College London: ADR and Arbitration in Africa: The Climate of ADR in Kenya.  Brenda Brainch
  • NY Unified Court System ADR programme at Fordham Law School: ADR in the World: an African perspective on community mediation.  Brenda Brainch

 

‘Lawyers must uncover the legal causes of poverty, remodel the system which generates the cycle of poverty and design new social, legal, and political tools and vehicles to move poor people from deprivation, depression, and despair to opportunity, hope and ambition.’
E. Clinton Bamberger, first Director of the OEO Legal Services Program, Speech to National Conference of Bar Presidents, Chicago, Illinois, February 8, 1966
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2009 Dispute Resolution Centre
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