Recommendations 26.1 - 26. 5: Adjudication

9.14 I have already recommended that a system of adjudication should be introduced within all the Standard Forms of Contract (except where comparable arrangements already exist for mediation or conciliation) and that this should be underpinned by legislation. I also recommend that:-

1. There should be no restrictions on the issues capable of being referred to the adjudicator, conciliator or mediator, either in the main contract or subcontract documentation.

2. The award of the adjudicator should be implemented immediately. The use of stake holders should only be permitted if both parties agree or if the adjudicator so directs.

3. Any appeals to arbitration or the courts should be after practical completion, and should not be permitted to delay the implementation of the award, unless an immediate and exceptional issue arises for the courts or as in the circumstances described in (4) overleaf.

4. Resort to the courts should be immediately available if a party refuses to implement the award of an adjudicator. In such circumstances, the courts may wish to support the system of adjudication by agreeing to expedited procedures for interim payments.

5. Training procedures should be devised for adjudicators. A Code of Practice should also be drawn up under the auspices of the proposed Implementation forum.