Equal representation in adjudication pledge ‘a step in the right direction’

Joanna Higgins of Pinsent Masons said that the ‘Equal Representation in Adjudication Pledge’ and the ‘Women in Adjudication’ initiative are “steps in the right direction” for the dispute resolution industry. Her comments come after a 2022 King’s College London report (84 pages / 4.26MB PDF), produced with support from the Adjudication Society, found that less than 8% of adjudicators are women. By comparison, 40% of judges that can hear cases in the High Court’s Technology & Construction Court are women.

Higgins said: “It has been 25 years since adjudication was introduced under the 1996 Housing Grants, Construction and Regeneration Act, to improve the levels of cashflow in the construction industry. Although a lack of gender diversity is seen across the construction industry in several areas, the 2022 report has brought the issue in adjudication into sharp focus.”

At an event on 28 February, the Adjudication Society is set to launch a new Women in Adjudication initiative at King’s College London. Its aim is to dramatically increase the number of women acting as adjudicators over the next three years. Attendees will be invited to sign the Equal Representation in Adjudication Pledge and discuss the problems facing women in adjudication.

“Some of the reasons for the lack of female adjudicators include the opaque path to becoming an adjudicator, as well as a lack of a positive recruitment drive to encourage diversity and a cap on panel members. Fixing these issues will require the implementation of a range of commitments from industry stakeholders,” Higgins said.

She added: “Possible solutions include increasing the number of nominating bodies that publish statistics, regular meetings and workshops to discuss diversity issues and a mentoring scheme to support women and other under-represented groups. The launch of Women in Adjudication is a significant progressive step to ensure adjudication remains the only game in town for construction disputes for the foreseeable future.”

Louise Forster, construction disputes expert at Pinsent Masons, described the Equal Representation in Adjudication Pledge as “a great initiative”. She added: “There are not enough of role models for women in adjudication and this is an important issue that needs to be tackled. The pledge will help to inspire a future generation of female adjudicators and I am sure that the launch event will be well-attended.”