The assessment will be based on the successful completion of a simulated ‘appointment’ as an Expert Determiner in a fictional dispute. Full details will be supplied and the case will not require ‘industry specific’ knowledge.

The exercise is presented as a series of (real time) correspondence from the parties and TAE as the appointing body, to which the candidate must reply. The exercise is designed to test both the candidate’s understanding and handling of the procedural stages of the process and their implications as well as the ability to produce a determination in a proper form.

Essentially the process will mimic that in a simple real life Determination. The Candidate will receive correspondence from TAE acting as an Appointing Authority. This will have to be dealt with in such a way as to show the Assessors that the candidate has understood the potential problems and has properly responded. Once the Candidate has been appointed he will have to correspond with the parties. He should follow carefully the instructions he may be given in the course of his appointment and deal properly and effectively with the parties in the form that they have selected. The Candidate will have to be mindful of any Rules and how to deal with tardy behaviour from one or more of the parties.

It is expected that any Determination that is made will be in accordance with the appointment and will be in sufficiently clear and unambiguous language that the parties will be able to fully understand it and, if appropriate, the courts will be able to enforce it.

Candidates will be expected to be able in the course of the Determination to demonstrate that they are able to read and understand documents and to communicate effectively in English.

In order to be eligible for the Register the Candidate must satisfy the Assessors that he has demonstrated that he complies with the high standards set by The Academy and that parties and their lawyers can safely assume that ‘he knows what he is doing’.

The process will be conducted electronically through correspondence without the need to attend an
actual meeting or have telephone calls.

To be eligible to apply for assessment applicants will have:

• Successfully completed The Academy’s Expert Determination Course; or
• Successfully completed another appropriate course which has had Academy approval.

Those who have not successfully undertaken approved training may be granted exemption from this if they are able to demonstrate sufficient technical knowledge and experience of Expert Determination.