What is an independent adjudicator's role?

They provide written decisions on disputes after considering all the information received from the customer and the CP. The adjudicator can ask for extra information on any matter if this is necessary in order to settle the dispute in a fair and reasonable way.

Once an adjudicator is in receipt of the case papers they will review the documents and assess all of the evidence.

The starting point is always the customer’s application form, which details the remedy or remedies that are being sought. The adjudicator will then consider whether the customer has provided sufficient evidence to support their claim. This means evidence of the alleged breach by the CP and evidence of the alleged loss suffered.

In considering the evidence provided, the adjudicator will also assess how much weight to attach to each piece of evidence. The adjudicator will then review the CP’s defence and consider whether the CP has provided any evidence to rebut the claim.

Again the adjudicator will consider how much weight to attach to the CP’s evidence. A decision is then made by weighing up the evidence and seeking a fair and reasonable resolution with regard to the law, the terms of the contract, and any relevant codes of practice/mitigating factors.

Throughout the adjudication process, the adjudicator will be fair and unbiased and will act quickly and efficiently to settle the dispute in a fair and reasonable way.

In summary, we take into account the following:

• Both sides of the story;
• Relevant regulations and legislation; and
• What is fair and reasonable in the circumstances.