Adjudication Services

Adjudication offers a rapid and effective alternative dispute resolution method in certain circumstances, through the appointment of an independent third party known as an adjudicator who oversees the adjudication process and after considering all of the evidence presented by the parties, makes a final decision. If you are looking for a swift end to your commercial dispute, adjudication can offer a quick and commercially expedient solution.

At JMW Solicitors, we have a wealth of experience in guiding clients through the complex adjudication process, and ensuring fair and enforceable decisions are reached. Our skilled team understands the nuances of the types of contractual disputes that are frequently referred to adjudication, which makes us ideally placed to represent your interests effectively.

To find out more about our adjudication services, contact us today by calling 0345 872 6666, or fill in our online enquiry form to request a call back.

How JMW Can Help

JMW Solicitors are well-versed in all aspects of alternative dispute resolution, including the adjudication process and can assist in the following ways:

• We offer guidance and legal advice on the adjudication process, explaining each stage from referring a dispute to adjudication to obtaining an adjudicator’s decision. We will fully inform and prepare you for what to expect at each stage of the process.
• We will assist you in drafting the initial referral notice or crafting a robust response (including any cross-claim) within the tight timetable required by the legislation. Our legal experts can also represent your interests during any adjudication hearings and will present your case effectively.
• Following an adjudication decision, JMW will advise you on the next steps, whether enforcing the decision or considering further legal action. We develop tailored strategies that align with your business objectives and legal requirements.

We are renowned for our professionalism and will provide the expert legal support you need throughout the process, even when dealing with complex disputes.

What is adjudication?

Adjudication is a dispute resolution mechanism that is most often utilised by the construction industry, and for certain forms of contractual dispute. It involves the appointment of an independent adjudicator, who reviews the evidence and arguments from all parties before making a decision that defines the rights and obligations of each.

This method is synonymous with construction disputes, as it offers a binding resolution typically within 28 days of the dispute being referred to adjudication. The swift nature of adjudication ensures minimal disruption and allows for continued progress on construction projects.

Adjudication is particularly suited for addressing:

• Payment disputes
• Delays and disruption of works
• Defects within works
• Breach of contract issues
• Termination of contracts
• Professional negligence claims

The adjudication process is often described as a “pay first, argue later” mechanism for resolving disputes. The decision of the adjudicator is binding on the parties, unless and until challenged in court or arbitration which would require a new hearing process to be commenced. In the event the unsuccessful party does not comply with the terms of an adjudicator’s decision, the successful party can issue a claim in court to enforce  the decision.

Who is the adjudicator?

In the context of dispute resolution, an adjudicator is a neutral third party selected by the parties or appointed through a nominating body. In construction and contractual disputes, the adjudicator is typically an expert in the field, such as a seasoned construction lawyer, a qualified surveyor or an experienced engineer, depending on the nature of the dispute.

The role of the adjudicator is to make an informed and impartial decision after considering the evidence and arguments presented by both sides. Adjudicators must maintain impartiality throughout the process, and their final decision, known as the adjudication award, is based on the facts of the case and the documentary evidence in support, the applicable law, and the terms of the contract between the parties. 

How does the adjudication process work?

The adjudication process is designed to provide a fast resolution to disputes, typically within 28 days from the date of the referral notice:

• The party initiating the adjudication (the referring party) issues a notice to the other party (the responding party), outlining the nature of the dispute and the intention to proceed to adjudication.
• An adjudicator is appointed either by agreement between the parties or through a nominating body. Once appointed, the adjudicator has a set timeframe, usually seven days, to accept the appointment.
• The referring party sends a referral notice to the adjudicator, detailing the basis of the dispute, the issues to be determined, and the desired outcome. This document, along with supporting evidence, sets the stage for the adjudication.
• The responding party has an opportunity to submit their response to the referral notice, which may include cross-claims and additional evidence. The referring party may then be allowed to reply to this response and any cross-claims.
• The adjudicator must make a decision within 28 days from receiving the referral notice, unless the parties agree to extend this period up to a maximum of 42 days. The adjudication award should address all issues raised and determine the rights and obligations of each party. For example, the decision is often for the payment of a sum of money by one party to the other, or it may relate to the determination of technical or legal matters in dispute.
• The decision of the adjudicator is often accepted by the parties as a conclusion to the dispute, and the unsuccessful party should comply with the terms of the decision. However, it might be possible for a party who does not agree with an adjudicator’s decision to pursue the matter through litigation or arbitration or by agreement. Much will depend upon what the applicable contract provides for.

What are the benefits of adjudication?

Opting for adjudication can potentially provide several benefits:

• Speed and efficiency: adjudication offers rapid resolutions, which can be essential in industries where time equates to significant financial considerations. Faster outcomes can enable parties to continue their projects with minimal delay.
• Cost-effectiveness: adjudication is a more cost-effective alternative compared to traditional litigation, as it reduces administrative costs and may avoid lengthy and costly court proceedings.
• Expert decision-making: adjudicators are often experts in their field. By making decisions that are informed by a deep understanding and knowledge of the industry and subject matter, they aim to ensure that awards are fair and enforceable.
• Confidentiality: unlike court proceedings, which are typically public, adjudication is a private process. This confidentiality protects sensitive information and commercial reputations, which can be particularly important in competitive industries.

As a result of these benefits, adjudication has become a commonly used tool for resolving construction disputes, with many contracts including a specific provision for adjudication as the dispute resolution pathway of choice. 

Why Choose JMW?

Choosing JMW Solicitors for your adjudication needs means partnering with a firm that has a deep understanding of commercial dispute resolution. Our accolades from industry-leading legal directories such as the Legal 500 and Chambers & Partners underline our commitment to achieving the best outcomes for our clients.

JMW’s commercial litigation department is one of the largest in the North West, and our client-centric approach means that your specific needs and goals will always be at the forefront of our strategy. We pride ourselves on our clear communication, which ensures you are informed and confident throughout the adjudication process.