Civil Engineering August 2021 | Vol 29 No 7

Civil Engineering August 2021 39 Q Q The type of project (engineering discipline) Q Q The nature of the dispute (mainly contractual, financial, technical, legal, etc.) Q Q Any history of previous dispute(s) on the same project Q Q Any known pending litigation Q Q Any consulting engineer, employer’s agent, or representative and other interested parties (such as subcontractors) involved Q Q Parties representing either of the parties (attorneys, claims consultants, etc.) Q Q Names previously rejected or otherwise not acceptable to either of the parties. Once the above factors have been determined and a holistic pic- ture formed of what is required, an individual can be nominated. The ADR Panel member then enters the application and all relevant details into the database designed for this purpose. Nomination process The latest version of the President’s List is consulted in order to compile a shortlist of possible candidates, taking into considera- tion all of the factors listed above. Any recent nominations by the President are also considered, as well as the nature and potential complexity of the case at hand in relation to the experience of the person(s) concerned. After one or more likely candidates are iden- tified, the ADR Panel member contacts the person(s) to confirm: Q Q their availability to handle the dispute in the immediate future Q Q that there is no conflict of interest regarding any of the parties involved with the dispute, including their advisers. As a general rule, the recommendations are made on a rotational basis. CHANGES IN 2022 Criteria for inclusion The revised criteria for inclusion on the President’s List for the different categories have been published on the SAICE website. Renewal form for continued inclusion on the List A new form (August 2021), which includes the CPD self-assessment, has been drafted. Renewal forms are sent out to listees during October each year with a return date at the end of October. The ADR Panel will meet in November to consider the self-assessments and determine who is eligible for inclusion in each of the categories. Invoices will be sent out early in November with the payment cut-off date being the end of November. The updated lists will be published at the beginning of January. A separate form for new applicants has been prepared and an application fee of R1 000 will be charged to new applicants. Major changes for Amicable Settlement Facilitators Amicable settlement (or mediation, as it was commonly referred to previously; yet mediation is just one of the amicable settlement techniques) as an ADR method was not very popular in the past. This is changing and several major public employers are now specifying it as a first step in the dispute-resolution process. It is also being promoted in the FIDIC (Fédération Internationale des Ingénieurs-Conseils) 2017 document through the introduc- tion of DAABs (Dispute Avoidance and Adjudication Boards) as well as in the NEC (New Engineering Contract) 2017 as Senior Representatives. The recently introduced Rule 41A for South African Uniform High Courts Rules empowers judges to order mediation as a precursor to approaching a court. Mindful of these developments and not wishing to fall behind, the ADR Panel has reviewed and enhanced the training requirements for persons wishing to be included in the category Amicable Settlement Facilitator. New criteria for inclusion on the list of Amicable Settlement Facilitators The revised criteria for inclusion in the category Amicable Settlement Facilitator require that, over and above the require- ments for an Adjudicator (please consult the SAICE website for details), the training courses detailed below must have been successfully completed. The courses have been CPD accredited by SAICE (where service providers have applied for such accreditation). Successful completion of courses (a) and (c) is now obliga- tory for new applicants to be included in the category Amicable Settlement Facilitator. From 2023, they also need to have completed course (b) to be included in the category Amicable Settlement Facilitator. As far as existing Amicable Settlement Facilitators on the President’s List are concerned, they must have completed course (c) before the end of 2021. Recognition of prior learning/experi- ence may be considered in lieu of attendance of a five-day media- tion skills course. The courses to be completed are as follows: (a) A five-day course on mediation skills. This is a standard mediation course and there are several commercial options available. So far, Conflict Dynamics is the only provider to have responded to the ADR Panel’s invitation to become CPD accredited. Their scheduled courses and dates for the remainder of 2021 are: Q Q 8 to 10 September 2021 and 13 to 17 September 2021 (online) Q Q 14 to 16 October 2021 and 18 to 19 October 2021 (face- to-face; Sandton, Johannesburg) Note: Other providers have been invited to apply for rec- ognition and accreditation, but no applications have been received. (b) A two-day course on the legal process dealing with construction disputes. SAICE is presenting a CPD- accredited course on the dates listed below. Other training providers are welcome to submit their offerings for approval. Q Q 7 to 8 September 2021 (Cape Town) Q Q 14 to 15 September 2021 (Bloemfontein) Q Q 21 to 22 September 2021 (East London) Q Q 9 to 10 November 2021 (Midrand) Note: Other providers have been invited to apply for rec- ognition and accreditation, but no applications have been received. (c) A one-day admission course and assessment. This is a SAICE course presented exclusively by the SAICE ADR Panel. The course dates for the remainder of 2021 are: Q Q 9 September 2021 (Cape Town) Q Q 13 October 2021 (Midrand) Q Q 21 October 2021 (Durban)