Continuing Professional Development Scheme Policy

 

The Institute has a policy that requires all graded arbitrators, accredited mediators and accredited adjudicators to undertake at least 75 hours of training every three years.

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Application for Grading as an Arbitrator or Accreditation as a Mediator (Word format, 80K)

Application for Accreditation as an Adjudicator (Word format, 104KB)

Introduction

This scheme has been set up to ensure that we provide the best quality service to members of the public. The policy is reproduced below.

Background
Aims of the CPD Scheme
Recommendations on requirements for mandatory CPD
Eligible activities and weighting of activities
Compliance with CPD requirements
Failure to meet CPD Scheme requirements

IAMA CPD log

Background

After consideration of submissions and reports the Council at its meeting on 31 August 2000 approved the following scheme to be effective from 1 January 2001. Amendments on the advice of the Education & Professional Development Committee have been subsequently adopted by the Council as policy. The latest amendment was adopted by Council on 15 November 2007.

Aims of the CPD scheme

1. Participation by Members in a range of high quality professional development activities, with credit given for the level of participation in these activities.
2. Achieving and maintaining high standards of professional competence and ethical behaviour.
3. Demonstrating to Courts and the community that the Institute is committed to the accountability of its members, in requiring them to undertake Continuing Professional Development activities which keep their expertise current and which are of benefit both to the members and the community at large.
4. To promote public perception of the Institute and its members as proponents of high standards of professional excellence in the resolution of disputes.

Recommendation on requirements for mandatory

1. There should be a mandatory requirement for graded arbitrators and accredited mediators, to complete 75 hours of eligible activities per triennium, with a target of 25 hours per annum (see Section D below for eligible activities etc).
2. There should be a mandatory requirement for applicants for re-grading as arbitrators or for transfer to Member or Fellow, to complete 25 hours of eligible activities in the year preceding the application.
3. The details of the CPD program shall be determined by the Education & Professional Development Committee, which will administer the program nationally.
4. Compliance with the CPD requirements will be administered by the Ethics & Professional Affairs Committee.
5. Fellows, Members and Associates who are not graded arbitrators and accredited mediators generally should be encouraged to undertake CPD, however there is no mandatory requirement for these persons.

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Eligible activities and weighting of activities

The 'eligible activities' for the CPD Scheme are those concerned with the practice of non-curial dispute resolution, including arbitration, mediation, expert determination, conciliation and Court references.

Activity                                                                                                                         Rating            Limit PA

1. Institute Conferences, Master Classes, Seminars, Workshops, Forums, Discussion Evenings and other educational activities conducted by the Chapters. Each activity will be given a CPD rating by the Education & Professional Development Committee depending on the time involved and level of participation required of participants. Rating 2 hours/contact hour (Master Classes, Workshops and activities conducted by IAMA requiring active participation) 1 hour per contact hour other activities conducted by IAMA.  There shall be no limit on the number of hours which may be claimed for this form of activity.	2	No Limit
   Conferences, courses and seminars conducted by other professional bodies and approved by IAMA for CPD purposes, with a limit of 8 hours of the prescribed CPD requirement. Rating Each activity will be given a CPD rating by the Education & Professional Development Committee depending on the time involved and level of participation required of participants, based on evidence submitted by participants.	E&PD Approval	8
   Satisfactory completion of undergraduate or postgraduate courses at a recognised tertiary institution, or other provider approved by the Institute in advance, based on actual contact hours but with a limit of 5 hours of the prescribed CPD requirement for undergraduate courses and up to 8 hours for postgraduate courses. Rating 1 hour/contact hour	1	5 under grad 8 post grad
   Lecturing or tutoring in undergraduate or postgraduate courses at a recognised tertiary institution (including tutoring in the National Professional Certificate course), or other provider approved by the Institute in advance, based on actual contact hours but with a limit of 8 hours of the prescribed CPD requirement. Rating 3 hours/contact hour	3	8
   Presentation of original written material at Institute CPD activities, or other conferences, seminars and courses approved by the Institute for CPD purposes. Rating 10 hours/contact hour	10	No Limit
   Published papers and articles. Rating As determined by the Education & Professional Development Committee (consistent with (d) above)	E&PD Approval	No Limit
   Professional practice (including writing awards and pupil training) as an arbitrator, mediator or other ADR practitioner, or legal practice in arbitration or ADR, with a limit of 12.5 hours of the prescribed CPD requirement. Rating 1 hour/hour actually spent	1	12.5
   Approved pupillage, with a limit of 8 hours of the prescribed CPD requirement. Rating 1 hour/hour actually spent	1	8
   Reading time spent on professional journals, articles and other publications in the area of arbitration and/or ADR, to a maximum of 4 hours per annum for members within 150km of Chapter Office and a maximum of 8 hours per annum for members beyond 150km of Chapter Office (Amended 13 April 2002). Rating 1 hour/3 hours actually spent	0.33	4 8 if >150km
   Other activities as approved by the Education & Professional Development Committee Rating As determined by the Education & Professional Development Committee	E&PD Approval	E&PD Approval

   The Education & Professional Development Committee will monitor the performance of the CPD Scheme and make recommendations to Council from time to time on any adjustments to the Scheme (including the scope and weighting of eligible activities) which it considers are appropriate in the circumstances.

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Compliance with CPD requirements

1. The CPD Scheme will be administered as a self-monitoring program, with a statement of the eligible hours claimed to be submitted as follows:
   1. by graded arbitrators and accredited mediators and adjudicators - on or before 31 March each year, for the preceding calendar year ending 31 December;
   2. by applicants for re-grading as arbitrators, accreditation as a mediator and adjudicator or for transfer to member or Fellow - with the application, for the 12 months immediately preceding the application.
2. Each year, the Ethics & Professional Affairs Committee will audit a proportion of returns submitted by graded arbitrators and accredited mediators and adjudicators, and require verification of the information contained in the return.
3. The Ethics & Professional Affairs Committee may require verification of the information contained in returns submitted by applicants for re-grading as arbitrators, accreditation as a mediator and adjudicator or for transfer to Member or Fellow.
4. Unless otherwise determined by the Ethics & Professional Affairs Committee, the records required for verification shall be as follows:
   1. Attendance at Institute Conferences, Master Classes, Seminars, Workshops, Forums, Discussion Evenings and other educational activities conducted by the Chapters - evidence of attendance (eg. letter, receipt etc).
   2. Attendance at conferences, courses and seminars conducted by other professional bodies and approved by the Institute for CPD purposes - a copy of the program (showing the type of activity) together with evidence of attendance (eg. letter, receipt etc).
   3. Undergraduate or postgraduate courses - a copy of the timetable and evidence of satisfactory completion from the tertiary institution.
   4. Lecturing or tutoring in undergraduate or postgraduate courses - a copy of the timetable, letter from the tertiary institution etc.
   5. Presentation of original written material, published papers and articles etc - submission of a copy thereof.
   6. Professional practice (including pupil training) as an arbitrator, mediator or other ADR practitioner, or legal practice in arbitration or ADR - details of the date
   7. the activities were undertaken, the hours spent and the capacity in which the activities were undertaken.
   8. Approved pupillage - a letter from the pupillage supervisor or mentor specifying the date(s) the activities were undertaken and the hours spent.
   9. Membership of Council, a committee or working group of Council, or of a local Chapter, dealing with substantive issues in the practice or arbitration and ADR - certification by the President or Chapter Chairman.
   10. Details of location of member, professional journals, articles and other publications read in the area of arbitration and/or ADR, and amount of time spent.

Failure to meet CPD Scheme requirements

1. Unless otherwise excused from compliance by the Ethics & Professional Affairs Committee on sufficient cause being shown, if a graded arbitrator or accredited mediator has failed to complete the required number of hours of eligible activities within the relevant calendar year or triennium, then she or he shall abide by the requirements of the Ethics & Professional Affairs Committee to make up any shortfall.
2. If:
   1. A graded arbitrator or accredited mediator fails to submit a statement of eligible hours for the preceding year by 31 March (or such extended date as determined by the Ethics & Professional Affairs Committee); or
   2. The Ethics & Professional Affairs Committee determines that a graded arbitrator or accredited mediator has failed to complete 75 hours of eligible activities per triennium,
   then the Ethics & Professional Affairs Committee shall send written notification to that person requiring that person to show cause within 28 days of the notice why he or she should not be removed from (or re-graded in) the Register of Practising Arbitrators and/or removed from the Panel of Accredited Mediators and Adjudicators.
3. Thereafter, the Ethics & Professional Affairs Committee shall determine whether that person should be removed from (or re-graded in) the Register of Practising Arbitrators and/or removed from the Panel of Accredited Mediators, or whether some other action should be taken, and shall advise Council and that person accordingly as soon as reasonably practicable. Any such determination by the Ethics & Professional Affairs Committee shall be subject to appeal to the Council.
4. The Ethics & Professional Affairs Committee will monitor the performance of the CPD Scheme and make recommendations to Council from time to time on any adjustments to the Scheme (including the number of hours of eligible activities to be completed) which it considers are appropriate in the circumstances.

 

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