The Essential Qualities of a Good Adjudicator
The primary requirement of an adjudicator is knowledge. He or she must be conversant with the adjudication process and be sufficiently familiar with the dispute at hand. He or she should be prepared to carry out the adjudication within the designated time period. The following are the essential qualities of a good adjudicator.
An adjudicator is an independent adjudicator
In the process of adjudication, a team of two or more independent adjudicators reviews the case details and makes a diagnosis. Each member of an adjudication team has access to the same data but is not permitted to view each other’s decisions until all the determinations have been made. The Adjudication Module outlines the procedures and process documentation for the Adjudicator.
To carry out an adjudication, an independent adjudicator must possess the necessary knowledge and expertise to settle the dispute. This means that the adjudicator must be conversant with all relevant areas of the case. Moreover, he/she must have sufficient knowledge of the issues raised in the dispute to identify them. The adjudicator must also be available and prepared to conduct the adjudication in a timely manner.
A dispute involving money and non-violent infractions can be resolved through adjudication. The adjudicator will consider the evidence presented during the case and issue a decision within 30 days. This process is often preferred by parties to expedite a case rather than involving the courts. An adjudicator’s decision is binding until it is set aside by arbitration or the courts.
In the United Kingdom, an adjudicator is an independent judge with the power to make binding decisions. The adjudicator’s role is similar to that of an arbitrator during an arbitration hearing. The adjudicator hears both parties’ arguments, then renders a final ruling. As such, the adjudicator serves as a neutral party, promoting the interests of groups and students.
He or she should avoid ‘descending into the arena’
The practice of appointing a repeat adjudicator is a common one. Judges must remain neutral and avoid ‘descending into the arena’, a principle endorsed by Lord Parker CJ in R v Hamilton (unreported, 9 June 1969). In such cases, a judge must avoid appearing as an advocate or cross-examiner. A good adjudicator must be able to balance the need for full disclosure with the needs of the case.
He or she should be professional
As an adjudicator, it is crucial to be as professional and objective as possible. Adjudicators need to avoid ambiguity and poor punctuation, and should always consider their audience. Many laypersons will not be familiar with legal jargon or technical acronyms. In addition, an adjudicator should be aware of the pitfalls of judgitis, which is a disease of the mind whereby a person’s language changes from clear and plain to technical and legalistic.
As an adjudicator, it is important to keep in mind the fact that he or she has unique authority and jurisdiction in the field. It is therefore important to be bold but keep in mind that payments go to the right people at the right time. Tolson explains some of the qualities of a good adjudicator. He points out that the past Chair of the Technology and Construction Solicitors Association, Simon Tolson, explains what makes a good adjudicator. The organization also sets high standards for its adjudication panel members, and from time to time, nominates adjudicators.
An adjudicator must meet all training and education requirements for the job, and they must refrain from engaging in personal activities that may compromise their impartiality. For example, an adjudicator must avoid public speaking about cases or dealing with media inquiries without consulting the Tribunal Communication Officer. Adjudicators should also avoid discussing the case at social gatherings. In addition to adhering to these standards, adjudicators should avoid compromising their impartiality by revealing confidential information and engaging in behavior that could compromise their independence.
He or she should be conversant with a standard form of contract
Many governments have passed laws regarding standard forms of contracts. These laws are generally enacted at the state level and are typically part of general consumer protection legislation. These laws protect consumers by preventing unreasonable clauses from being included in the contract and some even prohibit unfair clauses altogether. It is important to be familiar with the specific law that applies to your transaction. It will protect you and your rights and may even save you money.
Standard forms of contracts have numerous benefits, including lower cost, increased speed, familiarity with the terms, and established case law. There are four essential elements of a contract: offer, acceptance, and consideration. A contract is only valid if the parties intend to enter into a legal relationship. If a party intends to breach a contract, he or she should not sign it.