Morocco

1. Baseline Report of SFCG-Morocco Support to the Formative Stages of Mediation in Morocco

   This baseline study provides information for the second phase of the SFCG ADR programme in Morocco (known as ADR2), and not the whole ADR programme. The key objective of this baseline report is to provide information to monitor the development of the second phase and measure the outcomes of its activities.

   The first phase of the ADR programme in Morocco aimed to generate changes in the knowledge, attitude, and behaviour of key stakeholders, including judges and officials at the Ministry of Justice (MoJ), and the evaluation focused on these stakeholders. Since the current phase of the programme (ADR2) focuses on different stakeholders than those of the first phase, this baseline study has also collected and analysed information on the attitudes, knowledge, and behaviour of these other groups (lawyers and Civil Society Organisations).

   Since the ADR2 project is focusing primarily on lawyers and CSOs, this baseline report will thus provide us with on the level of knowledge, skills and attitudes that lawyers and CSO have presently before the launching of the first activities of ADR2. Throughout the project, the same range of data will allow us to closely monitor and assess change and evolution if any on the level of knowledge, skills and attitudes of the same target group. As mentioned earlier, an end of programme evaluation will take place at the end of ADR3 in order to evaluate all three stages of the project, ADR1, ADR2 and ADR3.

   Objectives of the study:

   • To provide a starting point from which data can be compared for future monitoring and evaluation;
   • To increase knowledge about the context of ADR in Morocco;
   • To outline key implications for future programming.

   Key Findings:

   • Both CSOs and lawyers generally have positive attitudes towards mediation, although there are apprehensions in both groups relating to the institutionalisation of mediation. 100% of all CSO and lawyer respondents said yes to the question 'do you think widespread mediation would be beneficial to Morocco'. It is important when analysing stakeholder attitudes that mediation and its institutionalisation (specifically the Mediation Law Project) are distinguished.
   • CSOs generally consider themselves to be the most experienced mediators. They currently feel isolated from the Law Project and would like more information about it.
   • Similarly, the majority of CSOs expressed concerns about the implementation of the Mediation Law and asked for more communication and transparency from the legislator's part.
   • A minority of them demanded that their recommendations and inputs should be considered in the Mediation Law's development.
   • Others wanted more clarification concerning the impact of the institutionalisation of mediation on their activities. This lack of clear information on the Mediation Law Project has generally put the CSOs on the defensive, creating more tension and stimulating more resistance.
   • Lawyers do have a certain level of resistance to the Mediation Law Project, which is perceived to be a threat to their own situation (professional and financial).
   • Lawyers have demonstrated a certain level of resistance to the incorporation of such a law on mediation. For over half of the lawyers interviewed, the introduction of institutionalised mediation is seen as a "threat" to their core activities. They believe that mediation, being an alternative to the "normal" litigation procedure, would reduce the number of suits brought to court and consequently affect their earnings. More generally there is a perception that not being part of the process would negatively affect their activities and income.
   • The majority of lawyers believe that they can be effective mediators as well and that the mediation role should not be monopolised by the judges. Most lawyers are organised under an entity called "Association marocaine des Barreaux d'avocats" that has significant power, thus not addressing their apprehensions would definitely generate more resistance, which could consequently create an environment that would affect the passing of the Mediation Law and the implementation of the future ADR phases.

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2. Evaluation of Search for Common Ground's support to the formative stages of mediation in Morocco

   This internally led evaluation conducted in October 2005 by Alice Rowley and Amine Ghoulidi examined the first phase of SFCG-Morocco’s (SFCG-M) support to the institutionalisation of Alternative Dispute Resolution (ADR) in Morocco. The overall goal of the ADR programme is to improve justice administration in Morocco, and the first and third phases of the programme aim to build the capacity and sharpen the knowledge of Moroccan judges in ADR and mediation. The second phase is oriented towards civil society and lawyers and will provide training in mediation, ADR techniques and mechanisms to these groups. The evaluation was both reflective, assessing the implementation and outcomes achieved to date, and forward-looking, analysing the context and developing recommendations for future phases.

   In July 2001, SFCG opened a field office in Morocco and launched a variety of projects to build local capacity in sound conflict management and collaborative planning. Through the phased Alternative Dispute Resolution (ADR) programme described below, SFCG-M is focusing on boosting the government’s efforts in the institutionalisation of mediation by providing the necessary trainings while establishing mechanisms and channels that favour dialogue and collaboration between the directly concerned actors.

   The evaluation was undertaken primarily to meet the needs of the SFCG programme team in Morocco.

   Key findings included:

   • The order and timing of activities for ADR1 was effective. They were well conceived and logically progressed.
   • The Working Group (made up of judges and the Ministry of Justice) remained engaged throughout the whole process and found it to be relevant and effective.
   • Strong results were achieved with ADR1 participants in terms of changes in awareness and attitudes, although there is now a clear need for a stronger focus on the practical side of mediation skills.
   • For institutionalised ADR to be successful in Morocco, other stakeholders need to be brought into the process (civil society organisation and lawyers). There are some tensions among these stakeholders who so far only participated in the final ADR1 activity, a Conference. This event did however stimulate their enthusiasm to learn more about mediation and to collaborate and provides a strong foundation for the next phase – ADR2.

   In summary, Phase 1 of the ADR programme succeeded in addressing the needs of the key stakeholders, in terms of providing training as planned. Outcomes identified during the evaluation include substantial changes in the knowledge and attitudes. There are great opportunities for SFCG-Morocco in ADR2 to extend the buy-in for institutionalised mediation in Morocco, as well as the practical skills base, and to stimulate dialogue and consensus along the way.

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3. External Evaluation of the British Embassy Funded "Alternative Dispute Resolution (ADR) Project"

   This external evaluation conducted in May 2007 by The People’s Mirror – a Morocco-based center specializing in public opinion research on social and political issues – examined the second phase of SFCG-Morocco’s (SFCG-M) support to the institutionalisation of Alternative Dispute Resolution (ADR) in Morocco. In keeping with SFCG’s overarching objective of transforming the way the world deals with conflict, this program aims at introducing alternative dispute resolution mechanisms in Morocco. The ADR program was envisioned to assist in the facilitation of constructive relationships between protagonists, alleviate legal procedures, prevent long court delays, and reduce the cost of legal cases. ADR offers alternative mechanisms that could greatly assist judges, barristers and legal experts in expediting legal cases, finding creative legal ways to solve court issues and unclogging of institutional bottlenecks that usually characterize classic legal systems.

   Phase II evaluation focused on assessing the level to which the project three overarching goals were attained, they include:

   • Integrating mediation mechanisms into the Moroccan legal and judicial systems, examining the stages that mediation has undergone and crossed, and the results it has achieved thus far;
   • Assisting the Ministry of Justice and its partners hear, understand and incorporate the perspectives of actors of the civil society, legal community, and private sector, opening dialogue between the Ministry of Justice and key stakeholders, and studying and discussing bill n. 08.05 on arbitration and conventional mediation which is currently being examined by the Moroccan Parliament; and,
   • Raising awareness about the effectiveness of ADR methods, including mediation, and highlighting the importance of the role of professionals of law and justice in the success of the project.

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