Fresh air

Adjudication Master Class

15 March 2008
Jonathan M. Cope BSc(Hons) FRICS FCIOB MCIArb MAE Barrister
 

 

What a breath of fresh air the Adjudication Master Class was for me. I could pick from a long list of advantages that the Master Class has over the numerous other adjudication courses, but the main ones are:-

  1. The Master Class is a collaboration between five different professional organisations and it is evident that they have all added their expert input to the programme. In this slightly disjointed world of adjudication, with its abundance of adjudication rules and panels, it is encouraging to see such co-operation. This can only lead to greater consistency of decisions, which will maintain the construction industry’s confidence in adjudication as its preferred means of resolving disputes.

  2. The Master Class is designed for those who are experienced in adjudication, therefore it doesn’t cover the "basics" that many of us are already familiar with. For example, the session on contract law didn’t concern itself with contract formation or consideration; but rather with issues such as the interpretation of contracts and repudiatory breaches – issues that adjudicators have to deal with on a day to day basis.

  3. Although the programme covers contract law, practice and procedure and the like, unlike many other courses the Master Class is not restricted to these areas. The Master Class also deals with some of the practical problems for adjudicators, such as how to structure a decision and how to deal with litigants in person. In my opinion these are some of the most important issues regardless of whether someone has experience in 10 or 100 adjudications.

  4. The Master Class is taught by some of the most respected practitioners in adjudication. They include experienced practicing adjudicators, advocates experienced in adjudication and enforcement, and members of the judiciary. For example, tutors on the course I attended included Franco Mastrandrea, Robert Gaitskell QC and HH Peter Bowsher QC.

  5. Those teaching on the Master Class clearly put a great deal of effort into it. As part of the practice and procedure session, we had been required to prepare answers to questions based on an adjudication scenario. These answers had clearly been considered in detail, and we had the valuable opportunity to discuss them.

  6. The Master Class provides an opportunity to mix with other practicing adjudicators, both inside and outside the taught sessions. When I attended, some of the other adjudicators had acted in over 200 adjudications and I have found the practical pointers I learnt from them invaluable. Attendees changed groups at the end of each session so we met as many different people as possible.

  7. Like some other courses, we were required to undertake an assessment after the Master Class. The key difference with the Master Class is that the mark is recognised by five different professional organisations.

I learnt an enormous amount from the Master Class and everyone I spoke to felt the same. I also understand that the course has been substantially revised since it was originally held in 2005. In my opinion, practicing adjudicators of all levels of experience can benefit from the Master Class.

View the next class details: www.rics.org/Services/Disputeresolution/RWeller.html

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