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merits of adjudication

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merits of adjudication

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Adjudication is a legal process by which an argument or case is resolved by a judge or a body that has been appointed for that purpose. Here are some merits of adjudication:

  1. Speed: Adjudication is generally faster than traditional court proceedings. This is because the adjudicator has a limited time frame to make a decision, usually 28 days. This can be extended by up to 14 days with the consent of the referring party, or for any period agreed by both parties after the dispute has been referred.

  2. Cost: Adjudication is usually less expensive than court proceedings. The parties can represent themselves, reducing the need for legal representation and its associated costs.

  3. Expertise: Adjudicators are often experts in the field related to the dispute. This means they have a better understanding of the issues at hand than a judge might.

  4. Flexibility: The adjudication process is less formal than court proceedings. This allows for more flexibility in terms of procedures and rules of evidence.

  5. Confidentiality: Adjudication proceedings are private and confidential. This can be beneficial for parties who do not want the details of their dispute to become public knowledge.

  6. Enforceability: Decisions made by adjudicators are binding and enforceable through the courts.

  7. Interim Binding Decision: The decision of the adjudicator is binding on an interim basis. This means that even if the decision is subject to legal proceedings, it must be complied with until the final resolution of the dispute.

  8. Preservation of Business Relationships: Since adjudication is less adversarial and more expedient than litigation, it can help preserve business relationships that might otherwise be damaged by a protracted legal dispute.

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