Differences between adjudication and other forms of dispute resolution
Produced in partnership with 4 Pump Court
Differences between adjudication and other forms of dispute resolution

The following Construction practice note produced in partnership with 4 Pump Court provides comprehensive and up to date legal information covering:

  • Differences between adjudication and other forms of dispute resolution
  • Litigation
  • Confidentiality
  • Procedure
  • Legal costs and adjudicator's fees and expenses
  • Finality of the judgment/decision
  • Judge/adjudicator powers
  • Enforcement
  • Jurisdiction
  • Arbitration
  • More...

This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert determination.

Litigation

Adjudication is a quick method of settling disputes on a provisional interim basis—it is binding until finally resolved by arbitration, litigation or agreement. The requirements of natural justice that are crucial in litigation are important in adjudication. However, in the adjudication context, the rules of natural justice are secondary to the requirement that the adjudicator must reach a decision in a very limited period. See Practice Note: Breach of natural justice in adjudication.

Confidentiality

In litigation the court’s judgment is made public. Adjudicator’s decisions rarely make it into the public domain due to their lack of authority in other proceedings. In addition, the parties to adjudication can enter into a confidentiality agreement.

Procedure

Litigation is regulated by the Civil Procedure Rules. The relevant legislation in relation to adjudication (governing. among other things, its timescales and procedure) is Part II of the Housing Grants, Construction and Regeneration Act 1998 and, if applicable, the Scheme for Construction Contracts.

Legal costs and adjudicator's fees and expenses

In litigation, if the parties are unable to agree costs, the court will decide whether costs are payable and, if so, by which party and in what proportion. The costs, fees and expenses incurred by parties in relation to of adjudication are generally far lower than the costs incurred

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