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ACIArb - Now What?
This note is aimed at Associates who have recently joined the CIArb and are wondering what to do next. I intend to follow this with a note on the options for Members in a future issue.
Associates join the CIArb for a variety of reasons. Being an Associate, you are unlikely to be a lawyer (most lawyers are entitled to a fast track to Membership) but come from a profession which has traditionally resolved disputes through arbitration and, more recently, through adjudication or mediation. You will have attended an entry course, hopefully one run by the South East Branch, or a similar course entitling you to exemption. You probably do not know much about arbitration, the law or the CIArb itself but, most importantly, you almost certainly want to learn. So, what are the options?
The CIArb is an institution dedicated to the whole range of Alternative Dispute Resolution (ADR), being principally arbitration, mediation and adjudication. Whilst your entry course may have been in any one of these, or was a generalised ADR course, you can now select which procedure you wish to follow to Membership. Considering each in turn:
Arbitration. The standard route to Membership is through the passing of the Part IIA and B examinations; Part IIA covers civil law, principally contract, tort and evidence, whilst Part IIB relates to arbitration procedure and practice. The examinations are usually taken in that order.
Whilst it is, in principle, possible to obtain a copy of the syllabus from the CIArb and cover the course by oneself, the vast majority of successful (non-lawyer) candidates enrol on a distance learning course offering some face-to face tuition run by the CIArb or by some academic institutions. The level of knowledge required is generally equivalent to A level and the CIArb suggest that 6 months is allowed for study and preparation for each examination. Costs vary but the total cost of the CIArb courses to Membership including examinations is around £2,000; full details of these courses can be found on the CIArb web-site. Candidates passing both examinations are entitled to apply for Membership.
Candidates with a law degree are normally entitled to an exemption from the Part IIA examination and may offer themselves for assessment on a Special Member Assessment course if they believe that they already have a sufficient knowledge of arbitration procedure and practice; otherwise they are advised to take the Part IIB course.
Membership alone does not indicate a competence to practice as an arbitrator but should be seen as a stepping stone for those wishing to proceed to Fellowship and Chartered status or as a solid foundation of knowledge for those more generally involved in arbitration or seeking a practical foundation in commercial law. There are proposals, possibly still some way off, to introduce the status of an Accredited Arbitrator in certain areas of commerce for Members who have completed a further phase of practical training and assessment; however, this is not available at present.
Mediation. Mediation is different. Being essentially a practical skill, a candidate'?s aptitude is developed and assessed by way of a seven day training and assessment course which is based heavily on practical training and role-play. Courses and assessments are run periodically by the CIArb at a total cost of around £3,500 and the successful completion of the course and assessment entitles the candidate to Membership grade and Accredited Mediator status. Candidates wishing to apply for inclusion on the CIArb Panel of Mediators must first obtain some practical experience and demonstrate suitability before an interview panel. Details of this procedure can be found on the CIArb web-site.
Candidates who have received mediation training and assessment elsewhere (eg from CEDR etc) may be entitled to exemptions to Membership grade but will still need to satisfy the interview panel before applying for inclusion on the Panel of Mediators; if you think this applies to you, contact the CIArb (see below).
At first sight, this may appear to be the easy way to Membership; a seven day course without exams against the 12 month course with two exams for the arbitration route. However, the course is tough and many people find the role of mediator very difficult and some are not well suited to the role. It should also be noted that this course relates very narrowly to the practical skills of mediation and contains very little law content; therefore this course may not be suitable for those seeking a more general grounding in commercial law.
Adjudication. Adjudication has successfully displaced arbitration as the principal dispute resolution procedure for construction in the UK and has established its own procedures and practice. In recognition of this, the CIArb is planning courses leading to Membership in adjudication and to a skills training and assessment programme qualifying for the designation of an Accredited Construction Adjudicator. This is intended to enhance the training and assessment of construction adjudicators and to provide a practicing qualification of robust quality that will be recognised throughout the industry.
The CIArb are intending to introduce courses equivalent to the arbitration training programme; the Part IIA programme will also apply to adjudicators whilst the Part IIB equivalent will be aimed at the practice and procedure of construction adjudication under the 1996 Act. Member grade will be offered to candidates successfully passing both these examinations. Costs have not been determined but are likely to be similar to those for arbitration training.
I understand that a similar course is being prepared by the College of Estate Management at Reading to commence later this year.
A skills training and assessment programme is also under development with the intention of providing demonstrable competence in the role of the adjudicator leading to Accredited Construction Adjudicator.
I must emphasise that, as I write (July 2005) some of the above is still in development and may not yet be available when you read this article. However, I believe that this qualification would be of real value to those of you, like myself, who come from the construction industry and I suggest that those who are interested should contact the CIArb to demonstrate demand.
More Information. The above is only a brief introduction and no doubt you will need to know more. It is also my understanding of the present situation which may not be completely up to date by the time you read this so please check. General information is available on the CIArb website or for more detailed advice you should contact the Membership Communications Officer, Reena Lathia (rlathia@arbitrators.org) whose role is to advise members on their options for progress through the CIArb. Or, if desperate, you can contact me (james@easltd.co.uk) and I will do what I can to help.
James Mumford