What is Adjudication?
Posted on 24th March 2022 at 14:33
Adjudication is the process of resolving disputes between two parties if they fail to resolve the dispute by themselves. Adjudications allow the parties to present their conflict to a mutually agreed, independent third party for a decision. Adjudication is available as a right and can be commenced without the other party's consent by sending a notice of adjudication to the other party. Suppose the creditor who had lent money and the debtor has any dispute regarding outstanding debt payment. In that case, they may refer their dispute to a mutually agreed adjudicator to settle the dispute. The adjudicator has an option to accept or deny a request for adjudication. If both parties fail to appoint a common adjudicator, then the court appoints an adjudicator. Once an adjudicator has agreed to adjudicate, they will consider the evidence and decide within 30 days of the claimant submitting supporting documents. The adjudicator's decision is binding on both the parties and is to be complied with within ten days of its issuance. However, if any party is not satisfied with the adjudicator's decision, they may initiate proceedings against the order in the court or through arbitration. Under such circumstances, the order of the subsequent proceedings will be final. Adjudication is a quick and cost-effective process. As there are no set procedures or rules, the adjudicator sets the adjudication process. The parties can also suggest a convenient and easy method to the adjudicator for consideration. Further, the adjudicator fee and adjudication cost are significantly less compared to the cost of arbitration and litigation.
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