SPOTLIGHT ON: ADJUDICATION

Following on from our previous blog on mediation, another method of Alternative Dispute Resolution is Adjudication.

Adjudication is a contractual or statutory procedure where a third party adjudicator, assesses the dispute and reaches a short term enforceable decision. The adjudicator is chosen by the parties in the dispute.

Adjudicators can adopt an inquisitorial role which may involve taking the initiative in ascertaining facts and law. The decision is binding on the parties in the dispute unless or until revised in litigation or arbitration.

Adjudication is most typically used in construction disputes and they are a great way of resolving disputes quicker in the interim. Construction contracts often provide clauses referring to Adjudication.

Once an Adjudicator is appointed, they will be presented with both parties’ evidence. The Adjudicator will then convene a hearing and make a decision on the disputed issue. The process of using an Adjudicator is very efficient, with the process concluding within a 28 day period.

Adjudication is appropriate for resolving claims relating to:

Before starting an Adjudication, a party should:

Adjudicator’s decisions are:

Advantages of Adjudication are:

If you feel your dispute would be better dealt with by way of Adjudication, please contact our specialist team at Jones Whyte who will be able to assist you moving forward. Call 0141 375 1222 or email .