1.1. Ciarb Pathway routes are training programmes open to candidates without prior experience in one of the following ADR disciplines: arbitration, adjudication, and mediation.

1.2. They provide a progressive set of educational steps towards qualification, including the development of relevant knowledge, skills and attributes.

1.3. Accelerated routes are fast-track assessment programmes for candidates with prior knowledge and/or experience of arbitration or adjudication.

1.4. Ciarb Diplomas are fast-track training and assessment routes leading to fellowship of the Institute for candidates with prior professional experience in the relevant field.

1.5. Candidates are required to successfully complete all Ciarb pathway modules or other relevant routes by passing the assessments and peer interview, where applicable, to attain the relevant membership grades, unless an exemption has been approved.

2.1. Candidates who have undertaken an education programme with a Ciarb Recognised Course Provider (RCP) may be awarded a specific level of exemption in order to progress to membership of Ciarb.

2.2. Candidates wishing to apply for an RCP exemption must contact the Member Services Department at memberservices@ciarb.org to seek guidance on the documentation to be submitted to support their exemption application.

2.3. Candidates who commenced their studies under the previous Pathway system (Modules I, II, III and IV) will be required to follow the course and assessment structure and regulations in place for the new Pathways programme. Where appropriate, exemptions will be given in line with the current exemptions policy.

3.1. Candidates must register and pay online at ciarb.org or complete a registration form and submit the correct fee to register on a Ciarb course. Candidates registered onto a course will have to register separately and pay for its associated centralised assessment unless otherwise stipulated.

3.2. All candidates accepted for entry onto a Ciarb course will be deemed to have accepted these Candidate Terms and Conditions.

3.3. Candidates are permitted to defer registration for a course to a later date upon payment of a deferral fee. A maximum of one deferral is permitted.

3.4. Candidates are permitted to cancel their registration on a course, however, the first 50% of the course fee is non-refundable. For full details, please view the Fee Terms and Conditions.

3.5. Ciarb reserves the right to cancel or change the date, venue or content of programmes and the names of speakers, lecturers and tutors. Candidates will be provided with adequate notice of any changes.

4.1. Candidates must register and pay online at ciarb.org or complete a registration form and submit the correct fee to register on a Ciarb assessment.

4.2. All candidates accepted for entry onto an assessment will be deemed to have accepted the Candidate Terms and Conditions and at home coursework instructions, where applicable.

4.3. Candidates are permitted to transfer registration for an assessment for a maximum of one time. Postponement charges will apply.

4.4. Candidates will be permitted three attempts at each assessment. Re-sit charges will apply. Re-sits will only be permitted where a candidate fails to pass an assessment.

4.5. Failure to pass an assessment on a module after three attempts will result in a candidate having to begin the course of study on that module again from the start of the module.

4.6. Candidates who fail to attend an assessment without reasonable excuse will be marked as absent and it will be counted as a failed attempt. Candidates will be given the opportunity to apply and take the assessment at a later date. Re- sit charges will apply.

4.7. Candidates must ensure that they clearly write their candidate number on each page of any assessment completed. Any other identification of the candidate on the assessment papers will invalidate that paper and the assessment will be deemed a fail or treated as a nullity. Please refer to the at home coursework instructions for full details.

4.8. An assessment not submitted within the stipulated deadline will be subject to a penalty. Candidates will be given the opportunity to apply and take the assessment at a later date. Re-sit charges will apply.

4.9. The first assessment submission will be deemed the only submission accepted and marked by Ciarb. Any later submissions will not be accepted.

4.10. Candidates must adhere to the word limits provided in assessments. Marks will not be awarded for information provided beyond the stated word limit.

4.11. Candidates must answer the required number of questions in an assessment. Marks will not be awarded to candidates for the additional answers completed.

4.12. Some of Ciarb’s modules include the use of virtual online classrooms, where video, audio, discussion boards, amongst other things, may be recorded.

4.13. Where such recordings occur within any of Ciarb’s modules, all candidates will be informed verbally as soon as it is reasonably practicable before such recordings take place.

4.14. Such recordings are deemed to be in the legitimate interests of Ciarb in delivering an effective and engaging educational programme in both the interests of the institution and its candidates. This meets the conditions under Article 6, recital 47 of the General Data Protection Regulation (GDPR), and consent will not be needed to process any personal data in this way.

4.15. At the same time as when candidates are informed about recordings, they will also be given the option to opt-out. Should opting-out be accepted under the provisions of the GDPR, the Institute will provide other suitable means to ensure that candidates’ training experience is not disrupted.

4.16. Should the recordings include any sensitive personal data, then express consent (opt-in) will be sought before any such recordings.

4.17. Candidates are not permitted to make their own recordings on their own devices either virtually or physically without the express prior consent of Ciarb.

4.18. Recordings will be securely held under the Institute’s data storage protocols.

4.19. Recordings can only be accessed by those enrolled on the module to which those recordings relate.

4.20. Under no condition should any recordings be shared, on social media or otherwise.

4.21. Individuals have the right under data protection legislation to request that recordings be removed or edited. These will be considered by the Director of Education and Training in accordance with the Legal and Compliance Team and/or Data Protection Officer and a response provided within one calendar month. Candidates will have the right of appeal and the request will be reviewed afresh, usually by the Director of Legal Services. Candidates also have the right to complain to the Information Commissioner’s Office. This does not limit the rights of the candidates to enforce any of their rights outside of Ciarb.

4.22. All recordings will be permanently deleted after two years. Candidates should permanently delete all recordings they are permitted to hold as soon as they complete the relevant programme of study, such as a full Pathway, to which that recording relates.

4.23. Ciarb retains the full copyright to all recordings generated within its modules and courses. This is subject to fair dealing provisions with regards to other copyrighted material.

4.24. For the avoidance of any doubt, these provisions are subject to the GDPR and do not in any way affect the provisions of or rights that candidates have under the GDPR.

5.1. Candidates wishing to re-sit an assessment must complete a re-sit form and submit the correct fee.

6.1. The relevant fee must be submitted with all registration, centralised assessment, and re-sit forms. A candidate’s place on a course or centralised assessment will not be secured until payment is received. Course materials will not be sent to candidates until at least 70% of payment has been received and tutorial attendance will not be permitted, nor final assessment results will be released until full payment has been received.

6.2. All fees are payable to Ciarb in pounds sterling unless otherwise agreed. Bank charges will be applied where payment is made in other currencies.

6.3. VAT is payable on all fees.

6.4. Fees will be refunded in accordance with the provisions set out in the Fee Terms and Conditions. Please refer to this document for full details.

The following section applies to the conduct of assessments. Assessments normally take the form of direct observation of practical work, role-plays, oral questioning, written tests, or other forms of assessment evaluation.

7.1. Candidates must follow the assessment guidelines for the relevant module. Detailed information regarding assessments is provided in the individual course information sheets and assessment guideline documents.

7.2. Candidates are required to be in attendance at the time specified in instructions issued before the assessment.

7.3. Candidates are required to comply with instructions or directions given by the assessors for in-person assessments. Candidates arriving late to in-person assessments will not be permitted extra time.

7.4. Candidates causing annoyance or distraction to other candidates may be required by the assessor to leave the room. In this case the candidate's attempt at the relevant assessment will be treated as a failure.

7.5. Assessed role-plays may be recorded. All recordings will remain the property of Ciarb and will not be distributed to candidates.

7.6. An assessor suspecting any unfair practice on the part of any candidate will, after informing the candidate of the suspicion, report the same to the Education and Training Department for consideration. The assessor will not prevent the candidate from continuing with the assessment unless the candidate's conduct also constitutes an annoyance or distraction to other candidates.

7.7. Assessors will grade candidates according to the relevant objective criteria specified in the course information sheet.

7.8. The recorded assessment role-plays will be moderated. They may also, where required by Ciarb’s quality assurance policies, be scrutinised by the Education and Training Department or other Ciarb bodies.

7.9. Candidates are reminded that the assessor's exercise of his or her judgment in determining competency is not subject to challenge or review.

7.10. Candidates must attend and participate in all parts of the assessment to pass the relevant module.

7.11. Candidates may not communicate with, receive assistance from, or attempt to copy from the script of any other candidate. A breach of any part of these Terms and Conditions may result in failure of the current assessment.

7.12. Candidates will be contacted by the Education and Training Department with the assessment results per section 10.1 below.

8.1. Ciarb takes a serious view of academic misconduct in all assessments. Cases of alleged academic misconduct will be reported to the Education and Training Department. When considering a case of alleged academic misconduct, due regard will be paid to extenuating circumstances, evidence of intent and the severity of the alleged offence.

8.2. A proven case of academic misconduct admitted by the candidate will be treated as a disciplinary matter. The Education and Training Department has the power to impose sanctions, including failure in assessments with or without permission to attempt the assessment on the next occasion.

8.3. Candidates will be provided with an opportunity to make representations in writing.

8.4. ‘Academic misconduct’ during the written assessment will include, but is not limited to:

8.4.1. helping or receiving help from another candidate

8.4.2. possession of unauthorised materials. This includes permitted materials containing unauthorised annotation

8.4.3. consulting any unauthorised materials or persons

8.4.4. attempting to influence a script marker or other official (for instance, by writing additional notes on the examination script)

8.4.5. other misconduct includes behaviour likely to disturb or distract other candidates during the examination.

8.5. Academic misconduct in assessments includes plagiarism. Plagiarism is the misrepresentation of the work of others as your own (including ideas, arguments, words, diagrams, images or data). It includes the explicit claim that another’s work is the candidate’s own and, no less seriously, the failure to acknowledge adequately the sources used. This applies whatever the source of the material (for example, a published course, the internet, oral communication, the work of another candidate or commissioning work from another person or organisation).

9.1. The overall module pass marks can be found in the course information sheet and submission guidance where applicable.

9.2. To ensure rigorous quality standards, all assessments are passed through a number of quality assurance processes prior to the release of results.

9.2.1. Scripts are marked by a Ciarb approved assessor. Award Writing and Decision Writing scripts are double-marked;

9.2.2. Scripts are reviewed by a Ciarb approved moderator to ensure the general standard is acceptable and the assessor has adopted a consistent approach;

9.2.3. Assessment recordings of role-plays are reviewed by a Ciarb approved moderator to ensure the general standard is acceptable and the assessor has adopted a consistent approach.

9.3. All assessment scripts are marked and moderated anonymously.

10.1. Results are dispatched to candidates by email normally within twelve weeks from the date of the conclusion of the assessment. Mediation accreditation assessment results are dispatched within eight weeks from the date of the assessment. Delays will be communicated.

10.2. Results will not be released over the telephone.

10.3. All candidates who attempt an assessment will receive a feedback report.

Any further correspondence should form part of the administrative review and/or appeals process.

10.4. Marked assessments will not be released to candidates.

11.1. Candidates who fail to submit an assessment within the stipulated deadline will be deemed a fail unless the late submission is due to extenuating circumstances.

11.2. Ciarb recognises that candidates may experience circumstances which may affect their performance in the assessment. Such circumstances include:

11.2.1. Sickness;

11.2.2. Bereavement;

11.2.3. disruption in the examination room.

11.3. In the event that a candidate believes their result or performance in an assessment has been adversely affected by extenuating circumstances, candidates must submit a request for consideration by Ciarb to the Education and Training Department. The request must be made in writing, providing an explanation of the circumstances, supported by any documentary evidence and certification.

11.4. Any requests for consideration of extenuating circumstances must be made no later than o n e week after the assessment.

11.5. Extenuating circumstances will be reviewed by the Education and Training Department. The Education and Training Department may make any decision at its discretion.

11.6. If a candidate is prevented from undertaking an assessment due to extenuating circumstances, candidates can apply to postpone their assessment and be transferred onto the next available session. Deferral charges may apply.

11.7. Candidates wishing to apply for a deferral must complete a deferral form and submit the form with the correct fee to the Education and Training Department. Other than in exceptional circumstances (at the absolute discretion of the Education and Training Department) the application must be made at least 14 days prior to the date of the assessment or release of an assessment paper (whichever is earlier).

11.8. Candidates may only defer their assessment registration on one occasion other than in exceptional circumstances (at the absolute discretion of the Education and Training Department).

11.9. Candidates will be permitted an extension on the submission of an assessment on a case by case basis (at the absolute discretion of the Education and Training Department). Extensions will only be granted to candidates who submit a request and supporting evidence before the date of submission.

12.1. The Equality Act 2010 (the 2010 Act) is a piece of legislation which protects individuals in the workplace and wider society from discrimination. Ciarb recognises that persons protected by the 2010 Act may require reasonable adjustments to be made. Ciarb is committed to providing equality of opportunity for all.

12.2. Ciarb is willing to take into account individual needs and make reasonable adjustments where necessary in order to assure non-prejudiced treatment and practical solutions to all its candidates. Requests for reasonable adjustments must be submitted to Ciarb’s Education and Training Department -providing evidence documentation to support the application- at least four weeks prior to the course registration or assessment date.

12.3. Each application will be considered on an individual basis. All applications for reasonable adjustments will be considered by the Education and Training Department. In the event of a dispute arising, Ciarb will make the final decision.

Administrative Check

13.1. Ciarb has stringent quality assurance procedures in place to ensure all candidates are treated in a fair and equitable manner. Should a candidate feel they have been unfairly treated after receiving their results, they are permitted to apply for an administrative check.

13.2. Any requests must be made in writing to the Education and Training Department within six weeks of the date of notification of the assessment results.

13.3. A candidate may request an administrative check if they feel they have been unsuccessful in an assessment and there is reason to believe that there may have been a clerical or administrative error in computing or notifying the correct result.

13.4. Candidates must submit a request in writing, supported by an explanation of the request.

13.5. The candidate's result and corresponding reports will be checked by the Education and Training Department as an administrative procedure and the result will be notified to the candidate within four weeks of receipt of the request.

13.6. In the event of an administrative check revealing a clerical or administrative error, the Education and Training Department will release candidate's amended result.

Appeal

13.7. A candidate may submit an appeal if they feel they have been unfairly treated through one of the following means:

13.7.1. unfair practice in the conduct of the examination, assignment or assessment process;

13.7.2. unfair conduct by an assessor or in application of the assessment process.

13.8. The fact that candidates expected to pass an assessment or considered that the preparation they had carried out should have warranted a pass is not sufficient grounds for an appeal.

13.9. Candidates are reminded that the assessor’s exercise of his or her judgment in determining a mark and/or result is not subject to challenge or review.

13.10. Candidates must submit an appeal to the Education and Training Department within six weeks of the release of the results. The appeal must be made in writing, providing an explanation, supported by documentary evidence, and be accompanied by the correct fee.

13.11.Ciarb will appoint a group of independent subject matter experts who will consider the appeal and determine its validity based on the supporting documentation. Ciarb may make any decision at its discretion. The result will be notified to the candidate within twelve weeks of the submission.

13.12. In the event the appeal is upheld, the appeal fees will be refunded to the candidate.

14.1. For the purpose of these Candidate Terms and Conditions, the law of England and Wales will govern any dispute arising between Ciarb and the candidate, irrespective of where the assessment was undertaken.

14.2. Any breach of these Candidate Terms and Conditions will be treated as a disciplinary matter and individuals will be liable to Ciarb for all losses, damages and liability resulting from their breach thereof.

14.3. In the event of a dispute arising from the application of these Candidate Terms and Conditions, which is not resolved by the provisions of the Terms and Conditions or direct negotiation between the Institute and the complainant, Ciarb will offer to participate in a mediation process with the complainant, the service to be provided by an independent mediator nomination body.