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Chapter

Cover A Practical Approach to Alternative Dispute Resolution

25. Construction Industry Adjudication  

This chapter looks at the process of adjudication in construction industry disputes. Adjudication resembles arbitration, in that it produces a decision on the dispute, but one that is only of a temporary nature. The process involves an adjudicator reaching a decision very swiftly (only 28 days after appointment), with the idea being to get a decision on how much a contractor should be paid, potentially followed by a full-blown investigation through the courts or in a formal arbitration if either party does not agree with the adjudicator's decision. The underlying policy is ‘pay now, argue later’. An adjudication award is binding, but is not registrable as a judgment, unlike an award in arbitration. Instead, enforcement is through suing on the adjudicator's decision, often followed by the entry of judgment in default or an application for summary judgment.

Chapter

Cover A Practical Approach to Alternative Dispute Resolution

32. Enforcement of Settlements and Awards  

This chapter focuses on the enforcement of settlements and awards. The approach taken to enforcement of compromises in large measure depends on the nature of the process used to resolve the original dispute. In adjudicative procedures, enforcement will often be through registering the award with the courts of the state where enforcement is to take place, and then enforcing the award as a civil judgment. An exception is construction industry adjudications, where the decision is not itself registrable. Instead, it may be enforced through bringing court proceedings and entering judgment. In non-adjudicative procedures, if the parties have resolved their dispute, they will have entered into a contract of compromise. Enforcement is through suing on that contract. Alternatively, in a non-adjudicative procedure, the parties may convert the compromise agreement into a court judgment or order, and then enforce that judgment or order.