Conflict Avoidance, management and dispute resolution procedures Flashcards
What is adjudication?
A third party will review the case put by either side and make an enforceable decision.
Why would you choose adjudication as an alternative dispute resolution?
It is relatively quicker than litigation and financial savings can be made in comparison to other forms of resolution. Adjudicators also tend to be persons with direct experience in construction matters.
What is the process of Adjudication?
Adjudication is begun, by either party, by issuing a Notice of Adjudication which sets out the brief details of the dispute and the remedies requested by the referring party. The referring party then must arrange for the appointment of an Adjudicator, which can be, an Adjudicator named in the Contract, can be chosen by agreement or by independent nomination, and it must serve the referral on that Adjudicator within 7 days of the Notice of Adjudication.
How long should adjudication last?
It should be a 28 day process but this can be extended by the referring party can extend this by an additional 14 days to 42 days. Parties can also agree extensions of nay length.
Is adjudication legally binding?
The effect of this is that an Adjudicator’s decision can and will, more often than not, be enforced by the courts. Enforcing an Adjudicator’s decision is done by a special express summary procedure in the Technology and Construction Court (part of the High Court, based in London). It can take as little as 8 weeks from issuing a claim form to getting a court order.
Can a decision made by adjudication be challenged?
If a party wishes to challenge an Adjudicator’s decision, by way of litigation or arbitration, they will be expected to comply with it first before they may challenge it.
