Last September, the RIBA dropped a note to the members of its dispute nominating panel. It was a “sign up here” jobby requiring its approved arbitrators, adjudicators and the like to agree a new code of conduct and disciplinary procedures. My dad had a stock phrase for such stuff; he’d say “this will get their goat”. It did. Some RIBA arbitrators and adjudicators, those who are not frightened by the RIBA, told it where to stick its bright ideas. Fair dos to the RIBA, though: it is having another think.

Some arbitrators, adjudicators and the like couldn’t give a monkey’s about institutional disciplinary bumf: criticism, insult or a threat by a party to an institution is water off a duck’s back. Complaints about an adjudicator have no impact on some. Ah, my old dad would say, “no effect on some”. But now then, what about the “some” it does affect? (And what about those who don’t know it has affected them?) 

In any case, what is that possible effect on some? Oh, that’s an easy answer… it makes them scaredy-cats. They become very good at looking over their shoulder and guarding their behind. Some deliberately decide disputes to avoid trouble for themselves. Some don’t know they’re doing it. Others bring the problem to the front of their mind, confront it and beat it. 

Put bluntly, the backdrop of disciplinary proceedings or institutional sanctions is highly dangerous. And we don’t know who it affects among the folk who adjudicate disputes. If just one in 20 adjudicators are scared of disciplinary proceedings – and the other 19 don’t give a damn – then the procedure still must be firmly kicked out. It only needs one to be “some”.

Read more…