Chapter 8 — Conduct and Capacity-Building of Trial-Monitoring Staff conflicting or unclear jurisprudence and where other standards need to be invoked to strengthen an argument. • Monitoring methodology and responsibilities. Training should clarify monitoring methodology, including case identification and selection, access and monitoring methodology, code of conduct issues, reporting requirements and instructions. Trainers should anticipate problems that may arise and provide examples. • Monitoring and other information gathering skills. Training should build the skills needed to monitor, including observation, reviewing documents, meeting with officials and other actors and reporting. Mock courtroom proceedings and mock interviews with officials, defendants and vulnerable persons are excellent ways of building observation and interviewing skills. Exercises that require monitors to report after such mock trials can promote familiarity with reporting forms. Where relevant to the programme’s focus, case-file materials may be prepared to provide a case history and to illustrate how such materials will be used to supplement the monitoring of hearings on specific issues. Skills training should be active, involve staff directly in activities, and permit follow-up discussion. • Advocacy skills. Training should clarify advocacy possibilities and any limitations, as well as develop the capacity of each level of staff to meet the necessary requirements. Particularly for management-level staff, it can elaborate on legal writing skills, in accordance with the reporting requirements, and on skills to enhance communication with officials, to negotiate and persuade stakeholders, and to write press releases and address the media. 8.4.2 Using external trainers and experts The programme co-ordinator or head, with the support of the legal analysts, should determine the content of all training sessions and tailor them to the needs of the programme. Internal training – that is, training developed by the programme’s staff – may prove more cost effective and easier to organize than that involving external trainers. Nevertheless, programmes will sometimes have to rely on external trainers for instruction in such areas as substantive law, methodology and monitoring skills. International experts may be particularly useful for training on international fair trial standards and monitoring skills, such as observing hearings in court, legal writing or negotiation skills. As programmes develop, external trainers should be sought to strengthen weak or unexplored areas of the programme. Programme focal points should work closely with trainers on defining the methodology and agenda for training. OSCE Institutions, including ODIHR and partners, may also provide valuable support and expertise in organizing training. Local experts, including judges, prosecutors, law professors and lawyers, may also make excellent trainers or speakers, as they possess significant expertise on domestic law and practice. Using such trainers is also an opportunity to build connections with the local legal community, as well as to reinforce local ownership of and buy-in to the programme. For instance, when the legal system monitoring programme in Kosovo101 expanded its activities to follow civil cases, local judges and lawyers were engaged to provide training on the laws and problems encountered in the civil justice sector. 8.4.3 External educational opportunities International and domestic organizations engaged in justice reform in a host country may conduct conferences, seminars or training sessions on issues related to monitoring-programme activities. Programme managers should take advantage of the opportunity to include monitors and other staff in these activities. Not only can such events provide continuing education to staff, but conferences and other forums may provide opportunities to share monitoring results more widely and 101  There is no consensus among OSCE participating States on the status of Kosovo and, as such, the Organization does not have a position on this issue. All references to Kosovo institutions/leaders refer to the Provisional Institutions of Self Government. 71