Differences between adjudication and other forms of dispute resolution


Produced in partnership with 4 Pump Court
Practice notes

Differences between adjudication and other forms of dispute resolution


Produced in partnership with 4 Pump Court

Practice notes
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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

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United Kingdom
Key definition:
Dispute resolution definition
What does Dispute resolution mean?

pension scheme disputes between the member and the trustees can be resolved using a range of different methods including internal dispute resolution, TPAS, which operates a network of volunteer advisers, the Pensions Ombudsman, the courts and alternative dispute resolution by way of arbitration or mediation.

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