Adjudication

Adjudication

Adjudication resembles a court or arbitration proceeding, but is different in some important respects. Both sides get an opportunity to present their case to a neutral arbiter, who will then make a determination which is interim-binding. The Adjudication will impose a legal post-separation financial and/or parenting arrangement on the parties involved. Adjudication is often quicker and often more cost effective than arbitration and litigation. As opposed to the process being guided by a set of rules prescribed by the court, the Adjudicator will set out the adjudication process, allowing for greater flexibility and accommodation.

Robert received his certificate in Adjudication for Administrative Agencies, Boards and Tribunals in 2019.

Benefits of adjudication

  • Adjudication has the power to assert and uphold the rights of family members which allows for the protection of children’s basic interests and adults’ rights in the wake of separation;
  • The process of adjudication is quicker and more flexible than litigation or arbitration – an adjudicator has 30 days to decide the dispute;
  • Consensual adjudication is private and confidential.

Is adjudication right for you?

Adjudication is a viable alternative to litigation however it is not appropriate in all situations. Though the adjudicative process is court-like, a decision on non-monetary issues may no longer be binding if it is substituted by a final arbitral award or Court judgement. If you prefer taking a more active and amicable approach to the resolution or your family dispute, or are worried about the enforceability of the final arrangement, mediation may be a more suitable alternative for you. Or you can take a look at the other services offered at Shawyer Family Law and Mediation PC.

 

Added, correct me when wrong.