Appoint an Adjudicator
When to use it: Adjudication can be deployed on building and construction projects at any time. It is best utilised therefore once a dispute has crystallised and a prompt resolution of the matter is needed. Adjudicator decisions are binding on the parties until resolved by agreement, arbitration or litigation. We act as Adjudicator only in commercial disputes and do not usually accept references between a contractor and a domestic customer. Our service does not require you to pay a nomination fee and, subject to availability, you can pick your own Adjudicator from our panel. Often it is best to select 'No Preference' and allow Mensura to nominate the Adjudicator so as to avoid any allegation of bias, perceived or actual. We require the Party seeking to adjudicate to meet our costs in full. Any recovery of costs from the other Party will be dealt with in the Decision. We conduct references in accordance with the Scheme for Construction Contracts in the absence of any contractual agreement.
Scope of service
Our Adjudicator service is based on the "best case" approach first developed by Beckwith Mediation.
Our low-value, single issue, Adjudicator service includes:
- Issue of Directions regarding procedure using our bespoke "best case" adjudication approach.
- Receipt and consideration of the Referral and Response together with supporting materials.
- Application of a "documents only" procedure.
- Option of a site visit by the Adjudicator for the purposes of a view.
- Option of a one day Hearing in person.
- Decision dealing matters referred, cost and Adjudicator's fees made within 28 days of receipt of final documents from the parties.