Adjudication Competencies Programme for RICS Panellists

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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 

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.

 

For your business

Interested in this course for your employees? Request a callback from our dedicated training support team by emailing training@rics.org or calling +44 (0) 2476868584