Evaluate or adjudicate…
Sometimes the nature of a dispute will involve diametrically opposed perceptions about the law or how facts should be interpreted. An effective way to resolve these differences, without being committed to the expense and risks of court proceedings, can be:
- An early neutral evaluation of those positions OR
- Referring the dispute to adjudication
The Housing Grants, Construction and Regeneration Act 1996 implies into many commercial contracts a right to one party to refer any dispute arising under the contract to an adjudicator.
In adjudication, the dispute will be considered by an expert from the relevant industry area of practice and will result in a binding decision. An independent view of the case or issues can sometimes clear the way for more constructive negotiations to take place.
On the other hand in early neutral evaluation, a neutral person with specialist knowledge and skills is invited to evaluate the case or any particular issues in it. A neutral evaluation results in a non-binding decision.
Both alternatives provide for an expert third party to review the parties’ evidence and positions and reach a decision to resolve the differences quickly and inexpensively.
We are experts in neutral evaluation and adjudication and regularly guide clients through this increasingly important and cost-effective area of dispute resolution.
Alternative Dispute Resolution