FClArb – The Adjudication Route

November, 2009

The Chartered Institute of Arbitrators (CIArb) launched its “Pathways to Fellowship” in 2007 and aims to roll out the modules during 2010. Pathways comprises a completely revamped suite of modular education and training programmes, and one very welcome addition is a dedicated route to Fellowship (FCIArb) for those wishing to specialise in adjudication.

There is no doubt that interest in adjudication in the UK is growing. In CIArb‘s 2009 survey of members, over 48% said that they think the use of adjudication is increasing. To support the professional development of a growing number of individuals wishing to gain qualifications in adjudication, CIArb has developed the pathways programme - a unique framework of education and professional development leading to internationally recognised qualifications. The gold standard is Fellowship of the Institute.

Having announced a new adjudication pathway in 2007, and following successful delivery of the first two modules, CIArb’s Education and Training team is currently developing modules 3 (Practice, Procedure, Drafting and Deciding) and 4 (Writing a Decision). These final modules will complete the adjudication pathway, and will provide a complete professional development route for adjudicators from Associate to Fellow. It is anticipated that Module 3 will be available early next year, and Module 4 will be available at the end of 2010.

The workbooks for modules 3 and 4 are currently being prepared by Robert Gemmell of MCMS Limited, a Chartered Arbitrator and practicing Adjudicator, and Her Honour Judge Frances Kirkham.

So you want to become an adjudicator?

Step 1: The first step on the adjudication pathway is to qualify as an Associate by completing a CIArb introduction course.

Most CIArb introduction courses take one day followed by an assignment.

It is also possible to become a CIArb Associate by completing a relevant course delivered by a CIArb Branch or CIArb Recognised Course Provider, or you could apply for an exemption if you have relevant experience in private dispute resolution.

Step 2: To progress from Associate to Member, you need to complete two further pathway modules. Each module is delivered over a period of approximately six months, through a combination of distance learning and face-to-face tutorials. The first module on the route from Associate to Member is the law of contract, tort and evidence.

Module 2 is designed to give candidates a detailed knowledge and understanding of the legal and procedural principles involved in statutory adjudication. Successful completion of modules 1 and 2 leads to a Certificate in Adjudication and means that candidates can apply for Member grade.

Exemptions are once again available for those who have completed recognised equivalent courses or qualifications.

Module 2: Law of Adjudication:

  • provides a detailed understanding of legal and procedural principles
  • valuable for anyone wishing to understand the process, whether as party, advocate, witness, judge or adjudicator
  • delivered over a 6 month period, through a combination of private study, face-to-face tutorials, an assignment and an examination
  • on successful completion, candidates are eligible to apply to be a Member of CIArb
  • Next course: 18 October 2010

Step 3: To progress from Member to Fellow on the adjudication Pathway, you will need to successfully complete the new modules 3 and 4: Module 3 (Practice, Procedure, Drafting and Deciding) and Module 4 (Writing a Decision).

Module 3: Adjudication Practice, Procedure, Drafting and Deciding:

  • will provide detailed knowledge of main procedural elements of adjudication
  • successful candidates will be proficient in the process and in drafting as adjudicator
  • recommended for anyone involved in adjudication, including potential adjudicators and professionals acting as advocates
  • delivered over a 6 month period through private study and face-to-face tutorials, a series of assignments, an examination and an assessment workshop
  • on successful completion candidates will be eligible to progress to Module 4
  • Next course: 24 May 2010

Module 4: Decision Writing:

  • will provide knowledge of requirements to write a reasoned and enforceable decision
  • practical skills to write clear, cogent, comprehensive and concise decisions, formal and legally satisfactory documents
  • evaluating evidence and distilling issues, deciding by applying legal principles to fact
  • delivered over a 4 month period through private study and face-to-face tutorials, an assignment and an examination.

On successful completion of modules 3 and 4, candidates will be eligible to apply for the gold standard: Fellowship of CIArb.

Already an Adjudicator but want a highly regarded qualification?

For experienced adjudicators with the required level of prior experience, CIArb has introduced an accelerated ‘Fast-Track’ route to Fellowship. Successful completion of the fast-track route leads to the qualification of Accredited Adjudicator. This involves a 3 day skills based assessment. This programme has set an industry standard for the training of adjudicators.

To find out more about CIArb’s Fellowship Pathway for adjudicators, or to book a course, please visit: www.ciarb.org/education-and-training or contact the CIArb Education and Training Team T: 020 7421 7439 or E: education@ciarb.org