Med-adjudication (med-ad) is a form of alternative dispute resolution that combines the approaches of mediation and adjudication. An appointed ‘neutral’ begins conducting the process as if they were an adjudicator (following the same rules of natural justice), but after meeting the parties’ key professionals and expert witnesses together, gives a preliminary view on the matter in dispute (as in mediation). If the parties settle, this is recorded in writing, but if no settlement is reached within a fixed period of time the neutral proceeds to make a decision in which they are not bound by their preliminary view (an adjudication).
It is intended to allow the parties to take a constructive approach to seeking settlement and for rapid decision making regarding those issues that cannot be resolved, providing a continuous rather than stop / start process.
There must an agreement by the parties to take part in the process before it commences, the basis of which is that either party can refer the process to adjudication at any time.
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