1. Written notice is given by one party (the referrer) to the other party (respondent) of its intention to refer the dispute/s which have arisen between them to adjudication.
2. The dispute is referred to an Adjudicator within 7 days of the notice. The Adjudicator is either named in the contract or appointed through the nominating body named in the contract.
The information given to the Adjudicator comprises:
- The statement of the referrers case
- Details of the contract
- Details of the circumstances that gave rise to the dispute
- The evidence the referrer relies on
3. The Adjudicator establishes the procedure and timetable but has 28 days from date of referral to reach a decision. This can be extended to 42 days with the consent of the referrer or longer with all party agreement.
4. The Adjudicator has considerable powers including obtaining legal and technical advise.
5. Parties are jointly and severally liable for the Adjudicators fees but, the Adjudicator has no lien on the decision .The referring party is liable for the Adjudicator’s fees if the adjudication does not proceed.
6. Parties’ bear their own costs and expenses but, the adjudicator can direct that one party pays all or part.
7. The adjudication decision is binding and enforceable until finally determined by Arbitration or Litigation . Few cases are referred to Arbitration however many matters of proceedure and interpretation of the legislation are referred to the Courts for determination in all jurisdictions.
Adjudication is often referred to as a process that enables disputes to be resolved on a pay now argue later basis . It is often described as quick fire justice.