What is a conflict?
A disagreement between two parties
What can you do if negotiations break down?
You could go to adjudication, which is a statutory form of dispute resolution in JCT.
What is adjudication?
· Under the HGCRA all parties have the statutory right to adjudication.
· It is a rapid way of resolving disputes as a decision must be reached within 28 days
· The adjudicators decision is final and binding but it can be raised to arbitration or litigation if one party is unhappy with the decision
What is the process/timeline of adjudication?
- One party issues a ‘Notice of Dispute’
- 7 days later an adjudicator is referred
- 28 days later a decision is made (referring party can extend this by 14 days)
- Decision is binding, unless one party is unhappy and raises it to arbitration or litigation.
What is the legal act governing Arbitration?
Arbitration Act 1996
What is the timeline of arbitration?
- Form of arbitration is decided
- Hearing is 21 days after form
- Both parties submit documents 7 days before hearing
What is the difference between arbitration and litigation?
Arbitration
- Governed by Arbitration Act 1996
- Private process
-
Litigation
- Proceedings are conducted in court
- Public process
What’s the difference between adjudication and arbitration?
