Adjudication Competencies Programme for RICS Panellists

Online

No available workshop dates to book at this time. Once the details have been confirmed, the dates will be updated below. If you have any questions please contact drseducation@rics.org

The Dispute Resolution Service (DRS) has developed a programme to enhance the skills and knowledge of those practising on the RICS Panel of 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

How are these competencies delivered?

The core competencies have been developed into a programme designed to train as well as test. Each competency presents current practice and current thinking. The purpose of each competency is to hone your existing skills and to raise the levels of practice and competence of RICS adjudicators across the UK.

Programme format

The Panel Competency Programme takes shape in interactive workshops and online tests covering each competency. Each Panel 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.

FAQs and the full criteria for continuous training and reassessment of adjudicators on the RICS President’s

Adjudication Competencies brochure (PDF 0.23MB)

file_download

Adjudication Competencies FAQs (PDF 0.19MB)

file_download

Criteria for Continuous Training and Reassessment (PDF 0.20MB)

file_download

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.

Do I need to do this as an RICS Panellist?

These competencies are mandatory and are central to ensuring that, as a Panellist, you are continuously improving your knowledge, skills and practical abilities. It will also satisfy part of your CPD requirements each year.

If you do not complete all workshops and assessments within the given five-year period, you may be failed or referred depending on the result of your assessments on individual workshops.

How will I be assessed on this programme?

The performance of adjudicators at the workshops and online assessments will be checked by DRS as part of a continual quality monitoring process.

RICS Panellists who attend all ten competencies, and successfully pass the online assessments (and written test) will not normally be required to attend a formal interview after five years.

CPD attendance certificates will be issued at the end of each module.

Course Dates & Prices

Each course costs £325 + VAT.

Each course date is worth 6 CPD hours.

Please note the competencies do not need to be completed in order.

Adjudication Competencies Programme for RICS Panellists

The core competencies

The Appointment

The Process

The Law (Scots law) / (English law)

Evidence and Fact Finding

Enforceable Decision and Costs

How are these competencies delivered?

Programme format

Learning Outcomes

Identifying and dealing with conflicts of interest

Dealing with jurisdictional challenges

Efficient management of parties and their representatives

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

Principles and practice of contract interpretation

Professional Negligence

Finding fact and managing/weighing evidence

Providing clear and adequate reasons

Drafting enforceable decisions

Dealing with issues around fees and costs

Do I need to do this as an RICS Panellist?

How will I be assessed on this programme?

Course Dates & Prices

You may also be interested in

Diploma in Adjudication in the Construction Industry

RICS Mediation Training Programme

RICS Mediation Training Programme (South Africa)

RICS Mediation Training Programme (MENA)

Dispute Resolution Programme for Advisers and Party Representatives

Middle East and Africa The Role Experts Play Throughout the Dispute Resolution Process Webinar

RICS in Saudi Arabia- FIDIC Contracts- Prolongation Costs, Entitlement and Assessment

Diploma in Adjudication (South Africa)

Expert Witness Certificate - MENA

Dispute Board Training and Assessment Programme

Online Expert Determination Training MENA

Online Expert Determination Training