Adjudication Competencies Programme

6 hours CPD per course

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 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 (PDF 5.49MB)

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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

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

Adjudication Competencies Programme

The core competencies

The Appointment

The Process

The Law (Scots law) / (English law)

Evidence and Fact Finding

Enforceable Decision and Costs

Who is this suitable for?

How are these competencies delivered?

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

Programme format

How will I be assessed on this programme?

Course Dates & Prices

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