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Adjudication Competencies Programme

A new programme to advance your expertise and dispute resolution skills, and to ensure you can demonstrate the high standards of professional practice expected of an adjudicator

The Dispute Resolution Service (DRS) has developed a programme to enhance the skills and knowledge of those practising as adjudicators. These core competencies are recognised by RICS as pre-requisites for adjudicators.

The core competencies

The Appointment

  • Identifying and dealing with conflicts of interest
  • Dealing with jurisdictional challenges

The Process

  • Efficient management of parties and their representatives
  • Maintaining/controlling timetables

The Law (Scots law) / (English law)

  • Principles and practice of contract interpretation
  • Professional Negligence

Evidence and Fact Finding

  • Finding fact and managing/weighing evidence
  • Providing clear and adequate reasons

Enforceable Decision and Costs

  • Drafting enforceable decisions
  • Dealing with issues around fees and costs 

 

Are you an RICS Panellist? 
If you are an RICS Panellist, please enrol here.

Who is this suitable for?

This programme is open to you if you are an adjudication practitioner or studying the field of adjudication. These competencies will ensure that as a practicing adjudicator, you are continuously improving your knowledge, skills and practical abilities. It also counts towards your CPD.

How are these competencies delivered?

These core competencies have been developed into a programme designed to train as well as test: each competency will present current practice and current thinking. Its purpose is to raise what are already high standards and to hone existing skills to raise the levels of practice and competence.

Adjudication Competencies Brochure 

Learning Outcomes

  • Identifying and dealing with conflicts of interest

    You will be able to:

    • Clearly identify what is an involvement and/or a conflict
    • Understand the difference between independence and impartiality
    • Deal with a conflict pre-appointment and post appointment
    • Understand the concept of bias and/or apparent bias
    • Understand the current legal landscape on conflicts
    • Understand when it is appropriate to resign.

    Dealing with jurisdictional challenges

    You will develop an understanding of:

    • What a dispute is and when does it arise
    • When a claim is more than one dispute
    • Whether the adjudicator has jurisdiction to deal with additional evidence and materials and experts reports produced for the first time in the Referral
    • Whether the adjudicator has jurisdiction to deal with causes of defence which appear for the first time in the Response
    • Whether the adjudicator has jurisdiction to value items in the Response which are disputed but which have not been referred
    • Whether a settlement agreement is a construction contract
    • Whether there is jurisdiction over a counterclaim
    • Whether there is jurisdiction to direct a payment to the Responding Party
    • Whether there is jurisdiction to decide whether the contract exists at all. 
  • Efficient management of parties and their representatives

    You will develop an understanding of:

    • Procedure rules
    • The concept of natural justice
    • Timetabling
    • Failure to consider evidence
    • Adopting own expertise
    • Avoid predetermination
    • The scope of the dispute early in the process
    • The need for clear directions and any revisions thereto
    • The need for hearings/meetings
    • The avoidance of creep
    • Who is in charge.

    Maintaining/controlling timetables (both adjudicator’s and parties’ time)

    You will be able to:
    • Understand the need to direct a suitable timetable commensurate to the dispute
    • Recognise early if further time is required to deal with the dispute
    • Recognise the need for further submissions
    • Read submissions timeously to allow consideration of adjustments to directions/timetable.
  • Principles and practice of contract interpretation

    You will be able to:

    • Understand the rules of construction
    • Understand the policy behind the recent change in emphasis
    • Apply the rules
    • Know when to and when not to apply the rules
    • Understand that it is not for the tribunal to make a better bargain for the parties than the parties had negotiated.

    Professional Negligence

    You will be able to address the following:

    • Do Adjudicators have jurisdiction over claims against professionals for negligent services?
    • Is expert evidence essential to support a claim of negligent services?
    • Are collateral warranties construction contracts?
    • What is the standard of care required of a surveyor or other construction professional?
    • Is the standard of care lowered in the case of a low fee or free services?
    • The measure of damages
    • The heads of damages.
  • Finding fact and managing/weighing evidence

    You will be able to:

    • Understand the legal framework
    • Establish relevant facts
    • Recognise relevant evidence
    • ‘Weigh’ relevant evidence
    • Distinguish admissible from inadmissible evidence
    • Efficiently and effectively manage the dispute documentation.

    Providing clear and adequate reasons

    You will be able to:

    • Understand what adequate reasons are
    • Understand what must be decided
    • Provide adequate reasons
    • Provide clarity
    • Produce a clear and concise decision on issues.
  • Drafting enforceable decisions

    You will be able to:

    • Understand what an enforceable Decision is
    • Understand why enforceable is only the minimum
    • Understand how little or how much is necessary for a good Decision
    • Understand structure and good communication skills.

    Dealing with issues around fees and costs

    You will develop an understanding of:
    • The current legal position on fees and costs
    • Reasonable fees
    • Entitlement to fees in situations of:
      • Resignation
      • Completed decision
      • Jurisdictional challenges
      • Unenforceable decisions
    • Party costs v legal costs.

     

Programme format

The Panel Competency Programme takes shape in interactive workshops and online tests covering each competency. Each competency will be taught over a half-day, and two competencies will be delivered per day.

The programme of workshops will focus on practical issues, which adjudicators face daily. They will be “practitioner” level and concerned with real-life problems.

Adjudicators will be encouraged to discuss issues with other participants and, where appropriate, challenge other adjudicators’ approaches to how they would deal with practical problems.

How will I be assessed on this programme?

Once enrolled on the programme, you will be given the opportunity to undertake the assessments at the end of each module with a view to obtaining a certificate for successfully completing the full RICS Adjudication Competency Programme.

The assessments are comprised of MCTs (multiple choice tests) and written assignments. You will be required to correctly answer 85% of MCT questions to pass and may undertake a specific test any number of times to achieve the pass mark.

Course Dates & Prices

Each competency - £395 + VAT

All competencies - £1800 + VAT
Save £175 when you book all competencies together

Each course date is worth 6 CPD hours
Please note the competencies do not need to be completed in order

This programme will temporarily be delivered online in response to the
current Covid-19 developments.

The Appointment | Online | 11 November 2021  BOOK NOW

The Law | Online | 28 October 2021  BOOK NOW

The Process | Online | 19 November 2021  BOOK NOW

Evidence and Fact Finding | Online | 10 December 2021  BOOK NOW

Contact the DRS team

RICS Dispute Resolution Service
55 Colmore Row
Birmingham
B3 2AA

Call: +44 (0) 2476 868 584

Email us