Adjudication

Adjudication is where you and the other party appoint someone who is an expert in the subject to help resolve the dispute

When should you use adjudication?

Adjudication can be used in any dispute, but is currently used almost exclusively in the construction and engineering industry. The adjudicator is usually a construction or engineering expert appointed to give an opinion on the issue to allow work to carry on. It's a more informal process than going to court.

Some contracts include an adjudication clause, and if this is the case you have to use adjudication and comply with any decision made by the adjudicator.

When is adjudication not suitable?

Adjudication is unlikely to help you if you wish to retain control over the solution to your dispute.

What's the difference?

The difference between adjudication and mediation

In mediation, a neutral facilitator works with the parties to assist them to reach their own solution. An adjudicator is usually an industry expert who makes technical decisions on the dispute which are generally binding on the parties.

The difference between adjudication and arbitration

The aim of adjudication is to resolve disputed issues in order to enable work to continue (either indefinitely or while awaiting the decision of a judge or arbitrator). Arbitration is a more formal process, and the arbitrator's decision is legally binding.

How can a solicitor help?

If your contract has an adjudication clause, it may also state who the adjudicator will be. The adjudicator may be a solicitor, and he or she will have the benefit of both legal and adjudication training. If no adjudicator is specified, you can ask the Technology and Construction Solicitors Association to nominate one.

Solicitor advisers are not usually involved in the adjudication process, though you may find it helpful to take legal advice if, for example, you are unclear about what a contract says about adjudication.

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Is there any cost associated with adjudication?

Yes: you (or your solicitor, if you appoint one) should get confirmation from the adjudicator about how much the adjudication costs will be.

Is the adjudicator's decision final?

In most cases, the adjudicator's decision is final and binding, and takes immediate effect. In rare cases, this decision can be superseded by the later decision of a judge or arbitrator.

Will adjudication undermine a court claim?

No. Adjudication is a means of resolving a dispute quickly and relatively informally. It is rare for a case to go to court or arbitration after an adjudicator's involvement.