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A LTERNAT I V E L E G A L S U P P O RT S E RV I C E S

M ad elin e Kim e i
FOUNDER & CEO

R E S O L U T I O N E X P E RT S
CORPORATE FORENSIC INVESTIGATION SERVICES
Just recently I sat down with Ms. Madeline Kimei, the CEO and Founder of Resolution Experts. She is a practicing
advocate, commercial mediator (CIArb-UK), Arbitrator and Dispute Management consultant. She was previously
in-house legal counsel for Stanbic Bank (T) Ltd and National Bank of Commerce (NBC). She is well accepted and
known for her work in the fields of commercial and civil dispute resolution. Since the inception of the company in
2014, she has steered and introduced a number of value added services to the market including an online dispute
resolution platform by the name of iResolve™ (accessible here -www.iresolve.co.tz). Ms. Kimei has been able to
tap a niche in the litigation support field by expanding to legal transcription and providing Corporate Due Diligence
and Forensic Investigation services

WHY IS IT THAT YOUR FIRM We help organizations make informed By choosing outsourcing, this will not
STANDS OUT IN THE LEGAL decisions when hiring employees, absolve control from the company’s
INDUSTRY? contracting with vendors, acquiring ultimate responsibility; it is merely a
companies and going into business matter of risk mitigation or of some
Standing out of the crowd is key to with other individuals. We believe that evidential value. Companies need to
success in the legal industry. I decided business intelligence gives you the realize that business-related opera-
to take this unusual path and create a edge by providing you with knowledge tions may be outsourced to third
company that offers alternative legal about your competition, your next parties and intermediaries, but the
services. This is a niche area and I was business acquisition or your next governance accountability associated
able to venture into this field because business venture. with the outsourced activities still lies
my background helped me cultivate with the company.
and hone the skills required. WHY DO YOU THINK THAT OUT-
SOURCING THE FORENSIC WHAT DO YOU MEAN BY FOREN-
TELL US MORE ABOUT YOUR FUNCTION IS IMPORTANT? SIC DUE DILIGENCE?
CORPORATE DUE DILIGENCE
AND FORENSIC INVESTIGATION Many companies hesitate to use third Forensic Due Diligence can be defined
SERVICES? party forensic experts to preserve and as a special and focused practice
collect their data for legal matters. The which aims to uncover the risks,if
Legal challenges can come in many need to outsource non- core functions remains undetected may form a
forms. When these challenges need to of a business is becoming more substantial part of successor liability
be resolved through litigation, you accepted worldwide. Outsourcing post integration. The combined liability
require effective support that will your internal investigation is recom- may eventually lead to serious conse-
protect your interests. Resolution mended because it eliminates bias, is quences like severe financial damage,
Experts is a corporate dispute resolu- handled professionally, and the reputation loss, erosion of trust and
tion and alternative legal services outcome is a fair assessment of the shareholder/investor faith, expensive
provider. This means we have coupled facts. This also allows the department litigation eventually leading to its
our corporate and dispute services to maintain the manpower needed to demise. Forensic Due Diligence
with alternative legal support such as run the department effectively without remains an integral part of any transac-
corporate due diligence and forensic adjusting any resources needed to do tion that aims to strike a finite M&A
investigations services by providing a a thorough investigation. Additionally, a deal. Proper and timely usage of the
range of investigation services for third party is able to filter any interfer- tool not only helps in saving substantial
contractual and commercial disputes ence and provide a new perspective cost of carrying out micro level checks
forensic investigations and workplace (objectivity) on what may have actually but also helps the other components
investigations.We provide specialist occurred. of due diligence in addressing the
investigators for Corporate and Legal threats arising out of the transaction. It
firms and departments throughout the also helps the acquirer to address the
Tanzania. threats and mitigate the risks in order
to pave way of relatively risk-free
integration process.
DO YOU OFFER WORKPLACE INVESTIGATIONS?

Yes, we do and it complements our Workplace Dispute Resolution practice.Workplace investigations are a
common part of Tanzania’s workplace landscape. Although it’s common for workplace investigations to be
conducted in-house (at least initially), there are times where it may be inadvisable to do so.My experience
shows that undertaking investigations into grievance and disciplinary matters is incredibly demanding of man-
agement time and attention, and take expertise and focus away from other core strategic functions.

WHAT OUTCOME DO COMPANIES GENERALLY SEEK WHEN WORKING WITH AN


INVESTIGATIVE COMPANY?

Each case is unique, and the outcome desired varies as well. Some companies want to go public with the
investigation, once it is completed, to reinforce their zero- tolerance-for-theft policy. This is often a great deter-
rent to prevent losses from other employees. Sometimes, however, we end that employers are sensitive to the
issues and feel that widespread knowledge ofthe problem could harm their business. In these instances, we
work to obtain written admissions and restitution from employees in exchange for their ability to resign rather
than be terminated. Though that may appear as though the employee is getting away with theft, the company
is made whole through restitution, and it has no further obligation to pay the employee unemployment or other
benefits it might be obliged to pay if the employee was terminated. In some of our assignments we actually
negotiate a restitution payment from our subject, and this often includes the cost of our investigation. So, our
clients are shocked to learn that they owe us nothing for the investigation.

Bottom line? Some companies want to seek criminal prosecution to clear their company’s name, while others
want to handle the issue privately. By keeping a client-centered approach throughout the investigative
process, and modifying our tactics to suit their needs, we are able to achieve the results the clients seek.

RESOLUTION EXPERTS
C o rpo rate & D is p u te R e s o lu tio n

P R E V E N T. R E S O L V E . T R A N S F O R M
OUR SERVICES
Corporate Transaction Advise | Commercial Contract Management
Arbitration And Dispute Resolution | Workplace Dispute Management
Corporate Forensic Investigation | Dispute System Design
Construction Claims & Disputes

1st Floor, 5 Star Hall, Mbezi Beach, Tangi Bovu , Dar Es Salaam
Mobile : +255 764 810 080 | Email : info@resolutionexperts.co.tz
www.resolutionexperts.co.tz
resolutionexperttz @resolutionexperttz