Tuesday, 13 July 2010
Bully to You Too in Adjudication
Bullying in adjudication?
You weren't aware?
Why would, someone want to bully the adjudicator?
Obvious: to manipulate, to influence and to attempt to force the adjudicator to step down.
There are various ways that the adjudicator is bullied but the easiest route for a party is to threaten that they will report the adjudicator to their professional body or the nominating body (or both if you're really very lucky).
So go on question my jurisdiction? (Well, that's par for the course).
Raise a doubt in my mind that I may have not followed the correct procedures?
Question whether I have the power to take the action that I have done?
It won't work.
So what are you actually going to report me for? The colour of my hair? (At least it's my own).
Bullying in what ever form is abusive.
So, if you are one of the parties in an adjudication, think before you issue threats.
And as an adjudicator, if "threatened" by a party that they will report you to the RIBA, FCIArb or the RICS, (because generally they don't like the way the adjudication is going) stand your ground and don't be worn down.
After all it pays to advertise.