Adjudication
Candlefocus EditorAdjudication hearings are most commonly held when two parties are unable to reach a mutually agreed-upon resolution. The adjudication hearing is an opportunity for both parties to present their case and, ultimately, a judge will review the evidence and arrive at a decision. The parties are not expected to reach a compromise before the hearing, and the judge’s ruling is final.
Adjudication hearings are typically conducted in the presence of a qualified mediator. The mediator helps to ensure that the proceedings proceed in an orderly and fair manner, and may even offer advice on how to proceed when the parties cannot agree. When both parties are represented by attorneys, the mediator also helps to ensure legal accuracy, as well as a fair exchange of information between the parties.
In some cases, an adjudication hearing may lead to a settlement between both parties. This can occur if the parties agree to a mutual resolution without the need for a trial. In this event, the terms of the agreement may be written up and submitted to the court for review and approval. It should be noted, however, that while while settlement negotiations may take place during an adjudication hearing, the settlement must also be approved by the court.
Adjudication can provide a cost-effective way of resolving disputes, with the benefit of having a binding decision that is typically implemented much sooner than the findings of a trial. It is important to note, however, that the rules of evidence and procedure still apply, so it’s important to be familiar with the specific rules that apply to your particular case. Adjudication is also typically a less adversarial process than a trial, and can therefore help to preserve relationships between the parties involved.
In summary, adjudication is a less formal, less expensive and typically faster means of dispute resolution as compared to a fully litigated trial. A qualified judge or mediator presides over the hearing and renders a binding decision that is legally enforceable. Adjudication can also help to preserve relationships between the parties, as the hearing process is less adversarial than a traditional trial.