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Mandating the continuing professional development in statutory adjudication: Adjudicators' perspectives

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journal contribution
posted on 2024-03-27, 00:38 authored by Samer SkaikSamer Skaik, Kelly Fernandez Monsalvo
Statutory adjudication is a swift dispute resolution platform to determine payment disputes within the building and construction industry security of payment legislation. In recent years, Australian courts have been more willing to intervene in the adjudication process due to the poor decision-making process and/or failure of some adjudicators to comply with the basic and essential requirements under the legislation. To improve the competence of adjudicators, Queensland has recently mandated continuing professional development (CPD) requirements for all registered adjudicators and required adjudicators to engage in predefined educational activities and obtain at least 10 CPD points every year to maintain their eligibility to adjudicate. This timely study explores the perceptions of Queensland adjudicators and the factors influencing the effective implementation of the mandatory CPD requirements. The study follows an inductive qualitative approach by adopting semistructured interviews with 11 registered adjudicators in Queensland. The study found that adjudicators generally support the notion of the CPD requirements but had mixed views regarding the content and dynamics of CPD activities. The study identified and discussed key factors influencing the effective implementation of the CPD policy, including the requirements for adjudicator registration and renewal, adjudication panel size, and adjudicator appointment criteria. The study findings are not only beneficial to inform future reforms in Queensland but also relevant to other comparable jurisdictions seeking to mandate similar CPD requirements for adjudicators.

History

Volume

14

Issue

4

Start Page

04522023-1

End Page

04522023-8

Number of Pages

8

eISSN

1943-4170

ISSN

1943-4162

Publisher

American Society of Civil Engineers

Additional Rights

CC BY 4.0 DEED

Language

en

Peer Reviewed

  • Yes

Open Access

  • Yes

Acceptance Date

2022-07-04

Era Eligible

  • Yes

Journal

Journal of Legal Affairs and Dispute Resolution in Engineering and Construction

Article Number

ARTN 04522023

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