1.1. The Prior Conditions for an Application to the Scottish Branch Panel of Adjudicators is set out in the Application Form as:

1.1.1. A candidate must be a Fellow of Ciarb.

1.1.2. A candidate must provide evidence of relevant experience. This evidence must include experience as: (i) a party representative in at least 1 adjudication; or (ii) adjudicator in at least 2 adjudications which have proceeded to a decision. Ciarb reserves the right to seek references from parties, party representatives and arbitrators involved in any such proceedings.

1.1.3. The candidate must confirm that they have not been the subject of any successful professional disciplinary proceeding.

1.1.4. A candidate must provide evidence of Continuing Professional Development meeting Ciarb’s relevant policy.

1.1.5. A candidate must have completed the Branch’s application form for Scottish Branch Panel of Adjudicators (“Scottish Branch Panel”) membership.

1.2. The criteria on the Application to the Scottish Branch Panel of Adjudicators states that Candidates will be assessed on relevant knowledge, understanding and experience. To be successful a candidate will require to demonstrate, in particular.

1.2.1. A thorough practical understanding of the process of adjudication, including (without any limitation) the duties, powers and obligations of an adjudicator.

1.2.2. Up to date knowledge, and a thorough understanding, of the Scots law relevant to adjudication, including, for the avoidance of any doubt, of Part II of the Housing Grants, Construction and Regeneration Act 1996 and any amendments thereto.

1.2.3. The reality of any relevant experience claimed.

1.2.4. A thorough understanding of Ciarb’s Code of Professional and Ethical Conduct and its application in practice.

2.1. Pupillage is obtaining experience on the practical side of adjudication. The missing period between obtaining the Fellowship through examination and the interview to gaining entry onto the Adjudication Panel.

2.2. The Branch acknowledges that the reality and the experience gained in practice is difficult to obtain before any candidate is appointed by the Branch.

2.3. Pupillage is not compulsory prior to gaining entry to the Adjudication Panel but is actively encouraged. It is a process that facilitates the less experienced aspiring Adjudicator to obtain such experience.

2.4. The process is relatively simple.

2.4.1. The pupil is allotted a pupil master who is an experienced Adjudicator from the list of Panel members.

2.4.2. Subject to parties’ approval, the pupil shadows the pupil master in, say, three adjudications. Actual number of adjudications to be determined by the pupil master or the Convenor to learn:

2.4.2.1. How to accept the nomination.

2.4.2.2. The Adjudicator’s terms of business.

2.4.2.3. The powers of the Adjudicator.

2.4.2.4. Issue directions.

2.4.2.5. Management of the process.

2.4.2.6. Attend and hold meetings.

2.4.2.7. The role of the factual Witnesses.

2.4.2.8. The role of the Experts.

2.4.2.9. Ascertaining the facts.

2.4.2.10. Draft Decision.

2.4.3. All being performed in a confidential manner with no input from the pupil in the actual Decision.

2.4.4. It is envisaged that the pupillage will run circa two weeks behind the actual real time adjudication. The delay period to be determined by the Adjudicator, thus allowing time for the Adjudicator and the pupil to discuss matters after the Decision has been published to the Parties.

2.4.5. Once the pupil master is satisfied that the pupil has attained the requisite skill and ability, the pupil master will sign-off the pupil’s work, confirming the tasks performed by the pupil were completed to reasonable and satisfactory standard. A copy of the sign-off is provided to the Convenor.

2.4.6. Two of the competed decisions performed under Pupillage may be used to substantiate the Scottish Branch Criteria of “reality of any relevant experience claimed”.

2.4.7. The experience gained does not necessarily come from Ciarb appointments.

2.5. The pupil should maintain an anonymised logbook of their directions and decisions for the perusal of the interview panel.

3.1. The Scottish Branch has appointed Lisa Cattanach to be the Convenor and manager for pupillage.

3.2. Lisa will be the candidates’ go to person, to liaise and appoint the pupil master.

3.3. Lisa’s email is mentor@ciarb.scot

4.1. Pupils, who have successfully completed pupillage, will still have to assessed by the Scottish Branch and interviewed to ensure the candidate achieves the Criteria required for entry to the Panel.

4.2. Pupillage does not guarantee entry to the Panel.

4.3. Ciarb’s “The Guidance” sets out what is expected at the interview and can be found on Ciarb’s website.

1.1. The Prior Conditions for an Application to the Scottish Branch Panel of Arbitrators is set out in the Application Form as:

1.1.1. A candidate must be a Fellow of Ciarb.

1.1.2. A candidate must provide evidence of relevant experience.

1.1.3. The candidate must confirm that they have not been the subject of any successful professional disciplinary proceeding.

1.1.4. The candidate must confirm that they have detailed familiarity with the terms of the Arbitration (Scotland) Act 2010, the Scottish Arbitration Rules, the law and practice of arbitration in Scotland, and the case law relevant thereto.

1.1.5. A candidate must provide evidence of Continuing Professional Development meeting Ciarb’s relevant policy. The candidate must attend at least one half-day training course arranged by Ciarb or other approved professional body.

1.1.6. A candidate must have completed the Branch’s application form for Scottish Branch Panel of Arbitrators (“Scottish Branch Panel”) membership.

2.1. Pupillage is obtaining experience on the practical side of arbitration. The missing period between obtaining the Fellowship through examination and the interview to gaining entry onto the Arbitration Panel.

2.2. The Branch acknowledges that the reality and the experience gained in practice is difficult to obtain before any candidate is appointed by the Branch.

2.3. Pupillage is not compulsory prior to gaining entry to the Arbitration Panel but is actively encouraged. It is a process that facilitates the less experienced aspiring Arbitrator to obtain such experience.

2.4. The process is relatively simple.

2.4.1. The pupil is allotted a pupil master who is an experienced Arbitrator from the list of Panel members.

2.4.2. Subject to parties’ approval, the pupil shadows the pupil master in, say, two arbitrations. Actual number of arbitrations to be determined by the pupil master or the Convenor to learn:

2.4.2.1. How to accept the nomination.

2.4.2.2. The Arbitrator’s terms of business.

2.4.2.3. Powers of the Arbitrator.

2.4.2.4. Issue directions.

2.4.2.5. Party correspondence.

2.4.2.6. Management of the process.

2.4.2.7. Attend and hold hearings.

2.4.2.8. The role of the factual Witnesses.

2.4.2.9. The role of the Experts.

2.4.2.10. Examination of the Parties

2.4.2.11. Part Awards.

2.4.2.12. Draft Awards.

2.4.3. All being performed in a confidential manner with no input from the pupil in the actual Award.

2.4.4. It is envisaged that the pupillage will run behind the actual real time arbitration. The delay period to be determined by the Arbitrator, thus allowing time for the Arbitrator and the pupil to discuss matters during and after the Award has been published to the Parties.

2.4.5. Once the pupil master is satisfied that the pupil has attained the requisite skill and ability, the pupil master will sign-off the pupil’s work, confirming the tasks performed by the pupil were completed to reasonable and satisfactory standard. A copy of the sign-off is provided to the Convenor.

2.4.6. Two competed Awards performed under Pupillage may be used to substantiate the Scottish Branch Criteria of “relevant experience”.

2.4.7. The experience gained does not necessarily come from Ciarb appointments.

2.5. The pupil should maintain an anonymised logbook of their directions and decisions for the perusal of the interview panel.

3.1. The Scottish Branch has appointed Lisa Cattanach to be the Convenor and manager for pupillage.

3.2. Lisa will be the candidates’ go to person, to liaise and appoint the pupil master.

3.3. Lisa’s email is mentor@ciarb.scot

4.1. Pupils, who have successfully completed pupillage, will still have to assessed by the Scottish Branch and interviewed to ensure that the candidate achieves the Criteria required for entry to the Panel.

4.2. Pupillage does not guarantee entry onto the Panel.

4.3. Ciarb’s “The Guidance” sets out what is expected at the interview and can be found on Ciarb’s website.

1.1. Application can be made to be included on the Scottish Branch Panel of Civil and Commercial Mediators, all as set out in the Information for Applicants form found on the Branch website:

1.1.1. An applicant must be a Member or a Fellow of Ciarb.

1.1.2. An applicant must provide evidence of relevant experience and will be assessed at an interview.

1.1.3. An applicant must confirm that they have not been the subject of any successful professional disciplinary proceeding.

2.1. The Scottish Branch acknowledges that it is difficult to obtain the mediation experience applicants require prior to interview.

2.2. Mentored experience can assist and facilitate applicants to obtain this experience.

2.3. Mentored experience is not compulsory prior to gaining entry to the Panel but is actively encouraged.

2.4. The process proposed by the Scottish Branch is relatively simple.

2.4.1. The pupil is allotted a master who is an experienced and approved Mediator from the list of Panel members.

2.4.2. Subject to parties’ approval, the pupil shadows the master in at least two mediations with the aim of experiencing and learning the procedural and practical aspects of a mediation.

2.4.3. All aspects of mentored experience will be conducted against a backdrop of confidentiality and the mentored applicant will have no input in the mediation process.

2.4.4. Once the master is satisfied that the pupil has attained the requisite skill and ability, the master will sign-off the pupil’s work, confirming the tasks performed by the pupil were completed to a reasonable and satisfactory standard. A copy of the sign-off is provided to the Convenor.

2.4.5. The mentored experience gained may not necessarily come from Ciarb appointments.

2.5. The pupil should maintain an anonymised logbook of their observations noted during the mediation for the perusal of the mentor and the interview panel.

3.1. The Scottish Branch has appointed Lisa Cattanach and Kahleen Crawford to be the Convenor and manager for pupillage/mentored experience.

3.2. Lisa and Kahleen will be the candidates’ go to people, to liaise with and appoint the master.

3.3. Lisa and Kahleen can be reached on mentor@ciarb.scot

4.1. The completion of mentored experience does not guarantee applicant entry onto the Panel.

4.2. Pupils who have successfully completed mentored experience will still have to be interviewed and meet the "Pre-requisites for interview" set out in the Information for Applicants form for those seeking inclusion on the Scottish Branch Panel of Experienced Civil and Commercial Mediators.

4.3. The Information for Applicants form sets out the purpose of the interview and the criteria for assessment.

What is an Experienced Civil and Commercial Mediator?

An experienced civil or commercial mediator must be a member of the Chartered Institute of Arbitrators who has demonstrated to an interview panel advanced knowledge and understanding of mediation and its practical application, evidencing a professional approach to parties and the public interest.

Against what standard will an applicant be judged?

The standard to which an applicant will be judged is competence to serve the public as a mediator in an ethical manner.

Who may apply?

Applicants will be accepted from members of the Chartered Institute of Arbitrators. The following table sets out the documents which an applicant must provide (unless otherwise agreed with the Chartered Institute of Arbitrators).

Fulfilled CPD requirements in past three years Evidence, if applicable, of compliance with Ciarb’s relevant Continuing Professional Development requirements in the past three years preceding the application for interview.

The interview

The purpose of the interview is to assess the relevant knowledge, skills, and attitude of an applicant. Applicants presenting themselves for interview should be prepared to answer probing questions from the interview panel which will test the reality of their knowledge and experience including:

• The depth and breadth of core knowledge of the mediation process, people skills to apply that knowledge in the conduct of mediation in a civil or commercial environment and the ability to demonstrate their knowledge and skills by drawing on their practice experience.
• The reality of any experience claimed.
• Attitude towards ethical and practical conduct of mediations.

The criteria

An applicant must be able to satisfy the interview panel that they have the required knowledge, skills, attitudes and experience as described in the following criteria and is, in all respects, a suitable person for inclusion on the Scottish Branch Panel of Experienced Civil and Commercial Mediators:

Assessment criteria

An applicant must demonstrate advanced knowledge and understanding of civil or commercial mediation and its practical application, evidencing a professional approach to parties and the public interest.

Knowledge assessment criteria

The applicant must be able to demonstrate:

• An understanding of the legal framework within which mediation operates.
• A detailed understanding of the process of mediation and of the law relevant to mediation and the practical application of both, including the duties, powers and obligations of a mediator.
• A practical understanding of the practice and procedure of mediation.
• Awareness of the practical application of the Chartered Institute of Arbitrators’ Code of Professional and Ethical Conduct for Members.

Skills assessment criteria

The applicant must be able to demonstrate the ability to:

• Manage the mediation process effectively.
• Act impartially and fairly.
• Build rapport.
• Create an environment in which the parties feel safe to explore possible settlements.
• Encourage understanding between the parties.
• Listen carefully, accurately identify the issues and the interest of the parties and have a quick understanding and grasp of problems.
• Come to sensible, logical conclusions reached through analysis.
• Communicate effectively orally.
• Not to get flustered or be indecisive.

Attitude assessment criteria

The applicant must be able to demonstrate:

• The capacity to inspire the parties to have confidence in the process of mediation and the mediator.
• The capacity to discretely demonstrate personal authority, to be firm but courteous and to conduct themselves in a manner that would establish and maintain the independence and authority of the mediator.

How to apply

To apply to the Scottish Branch Panel of Civil and Commercial Mediators this application form must be completed and returned to: Scotland.secretary@ciarb.org

Download the applicant information here.