Legal and Dispute Resolution

Overview

The CIOB continues to develop construction legal services that are essential for the industry and for CIOB members. To maintain the high standards and integrity of CIOB membership, this department incorporates the disciplinary arm of the Institute, the Professional Conduct Committee.

The CIOB has developed contracts for building and facilities management and offers legal services that include:

• Adjudication
• Drafting Contracts
• Mediation
• Arbitration
• Training (CIOB Accredited in Adjudication)

Adjudication

Adjudication is a simple and inexpensive way of resolving disputes between two parties, which appoints a neutral third party to investigate the issues and make a decision. The Adjudication Panel is multi-skilled and highly specialised, ready to resolve any dispute.

The CIOB is one of the forerunners of adjudication in the industry and, along with other professional institutions and the Construction Industry Council, sets criteria in order to establish high standards of competency for their adjudicators.

Please complete the application form for the nomination of a CIOB Adjudicator.

Arbitration Appointment Service

Arbitration has long been recognised as the method of resolving disputes in commerce and industry. It is still used widely in many industries across the world as the preferred method of dispute resolution.

The new Arbitration Act 1996 has addressed the weaknesses that 'old arbitration' had. The arbitrator has new powers to speed up the process and save costs. It has taken arbitration into the 20 th century and beyond.

Appointment by the CIOB of an arbitrator ensures that you will receive an arbitrator who will meet high standards and will be qualified both professionally and in terms of experience to arbitrate the dispute.

Please complete the application form for the appointment of a CIOB Arbitrator.

Mediator Appointment Service

The difference between mediation, arbitration and adjudication is that an arbitrator or adjudicator decides, whereas in mediation the outcome is decided by the parties. Arbitrators and adjudicators impose settlements but a mediator assists the parties in reaching their own settlement, which is fair and practical.

Settling disputes by mediation involves a change of culture. Both parties must be in agreement to enter into mediation with a strong commitment to reach a settlement. Compromise is inevitable, but this needs to be weighed against the potential savings in time, cost and frustration, which often characterises other processes.

Please complete the application form for the appointment of a CIOB Mediator.

Drafting Contracts

Under the JCT Standard Forms of Contract the nominating bodies are listed in the appendix to the contract. With a simple modification of your contract, the Chartered Institute of Building can be your preferred body.

For more information, please contact the Legal Services team on Tel: 01344 630732 or Email drs@ciob.org.uk

Training - CIOB Accredited in Adjudication

Since its introduction in November 2004, candidates successfully completing the three stages of the CIOB adjudication training programme will become ‘CIOB Accredited in Adjudication'.

The CIOB is the first industry organisation to provide an accreditation in adjudication. This is an extremely useful qualification for practising adjudicators, claims consultants advising clients on the process and those clients involved in adjudication.

Stage 1 – Foundation Course (3 days)

This course is designed to provide a foundation for potential adjudicators, and to give guidance to ‘users' of the adjudication process. The Foundation Course is available as a stand-alone module.

Course content:

• Law in relation to adjudication and contract
• Understanding and managing the adjudication process
• Dealing with jurisdiction and other challenges
• Making and writing a decision
• Key enforcement decisions and their impact

Candidates will be exempt from the Foundation Courses if they have sat one of the following adjudication courses, ICE, RIBA, CIArb, TeCSA or are a RICS Panel member.

Stage 2 – Advanced Course (1 day assessment course)

Course content:

• case studies
• adjudication exam
• assessment - both group and individual
Please note: there is no formal teaching on this course

Stage 3 – Post Course Case Study

After successful completion of the Advanced Course, candidates will be required to submit a Post Course Case Study. If this meets the required standard, the candidate will be awarded the ‘CIOB Accredited in Adjudication' qualification.

To maintain the accredited status, a CPD return will be requested every 2 years. If this return meets the standards set, the Accreditation will be renewed.

For further information please contact drs@ciob.org.uk or call 01344 630710.