Support to Property Conflict Resolution

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This Multilateral Investment Fund technical cooperation supports Nicaragua in settling property disputes, particularly through introduction of the new alternative mechanisms established by law, to be coordinated with the existing property system. The components are: (a) Alternative Property Dispute Settlement Directorate (DIRAC); (b) training; (c) publicity; and (d) support for the Property Bureau. Under the charge of the Supreme Court, the first component funds the establishment and start-up of DIRAC, which will provide the institutional and technical framework required for mediation and arbitration, and install two regional offices. Activities provide for: (a) design, structure, and organization of DIRAC and its constituent offices; (b) infrastructure, equipment, and information systems to administer dispute settlement; and (c) mediators and arbitration fund. The first activity includes: (a) determination and design of the functions, organization, job profiles and tasks, recruitment of staff, regulation, and other aspects required for the organizational, functional, ethical, and administrative structure of DIRAC; (b) establishment of the profiles for mediators and arbitrators, and design of a transparent and objective recruiting system for qualified candidates; (c) design of a fee schedule for mediation and arbitration services that will balance the principle of access to justice against the need for sustainability of the system; and (d) establishment of indicators to measure the success or performance of the system and the personnel involved, as well as a mechanism for permanent evaluation. The second activity provides for establishing the minimum requirements with regard to infrastructure and equipment, and procuring software for the conciliation, mediation and arbitration centers, as well as for the administrative offices. The Supreme Court will facilitate and adapt the physical spaces needed for DIRAC, the national mediation and arbitration offices, and at least two regional offices. The third activity provides for the hiring of 16 mediators to facilitate access to dispute settlement by low-income claimants. The second component funds: (a) initial training for a group of 100 arbitrators and 75 mediators and the development of local capacity by training national instructors who will then continue to train arbitrators and mediators; and (b) design and teaching of the courses. The third component funds: (a) designing a strategy to publicize alternative methods for settling property disputes, including design of the tools to be used; and (b) implementation of a campaign to publicize dispute settlement methods, using the tools defined. The fourth component provides: (a) support for the efficient processing of claims in the Property Bureau; (b) establishing mechanisms for referring claims to the offices to be established by DIRAC; (c) promoting mechanisms to coordinate operations between DIRAC and the Property Bureau; (d) consolidating mechanisms for processing the cases submitted to the bureau's offices; and (e) hiring incremental staff for the Property Bureau to carry out the above-mentioned activities.