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Will Hughes and Others

An Overview of Adversarial Dispute Resolution (Part 1) Adjudication

An Overview of Adversarial Dispute Resolution (Part 1) Adjudication

The aim of this course is to describe the process of adjudication and also the more traditional mechanisms to resolve disputes using arbitration and litigation, considering in particular the relative merits of the latter two as means of achieving a final solution to a construction dispute.

After studying this course, you should be able to:-

1. List the statutory rights to adjudication, designed to produce a decision which is binding on the parties unless the dispute is subsequently resolved in arbitration or litigation, or settled by agreement.
2. Explain key features of adjudication, in particular the nature of adjudication, the right to adjudication, adjudication under the statutory scheme, enforcement of the adjudicator's decision, challenges to the adjudicator's decision, and an unenforceable decision.

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