Adjudication

ADJUDICATION
INTRODUCTION:Adjudication is the legal process by which

an arbiter or judge reviews evidence and argumentation,
including legal reasoning set forth by opposing parties
orlitigants to come to a decision which determines rights and
obligations between the parties involved.[1] Three types of
disputes are resolved through adjudication:
1. Disputes between private parties, such as individuals or
corporations.
2. Disputes between private parties and public officials.
3. Disputes between public officials or public bodies.
DEFINATION:Adjudication can also be the process, at dance

competitions, in television game shows and at other
competitive forums, by which competitors are evaluated
and ranked and a winner is found.
the act of a court in making an order, judgment, or decree.
a judicial decision or sentence.
IMPORTANCE :-
Competitions
Adjudication can also be the process, at dance competitions, in television game shows and at
other competitive forums, by which competitors are evaluated and ranked and a winner is found.
In court
"The legal process of resolving a dispute. The formal giving or pronouncing of a judgment or
decree in a court proceeding; also the judgment or decision given. The entry of a decree by a
court in respect to the parties in a case. It implies a hearing by a court, after notice, of legal
evidence on the factual issue(s) involved. The equivalent of a determination. It indicates that the
claims of all the parties thereto have been considered and set at rest." [1]
In construction
The relevant legislation in the United Kingdom is the Housing Grants, Construction and
Regeneration Act 1996 (1996 Chapter 53).[2] [clarification needed]
In healthcare
"Claims adjudication" is a phrase used in the insurance industry to refer to the process of paying
claims submitted or denying them after comparing claims to the benefit or coverage
requirements. The adjudication process consists of receiving a claim from an insured person and
then utilizing software to process claims and make a decision or doing so manually. If it is done
automatically using software or a web-based subscription, the claim process is called autoadjudication. Automating claims often improve efficiency and reduce expenses required for
manual claims adjudication. Many claims are submitted on paper and are processed manually by
insurance workers.
After the claims adjudication process is complete, the insurance company often sends a letter to
the person filing the claim describing the outcome. The letter, which is sometimes referred to
as remittance advice, includes a statement as to whether the claim was denied or approved. If
the company denied the claim, it has to provide an explanation for the reason why under regional
laws. The company also often sends an explanation of benefits that includes detailed information
about how each service included in the claim was settled. Insurance companies will then send
out payments to the providers if the claims are approved or to the providers billing service.
The process of claims adjudication, in this context, is also called "medical billing advocacy".
Background investigations[edit]
Adjudication is the process directly following a background investigation where the investigation
results are reviewed to determine if a candidate should be awarded a security clearance, or be
suitable for a public trust position, which is a job that requires a very knowledgeable and
responsible person, often related to national security. It may be determined that the person is not
suitable for a public trust position, but is suitable for a non-sensitive position. However, a person
may be deemed unsuitable for any position.
From the United States Department of the Navy Central Adjudication Facility: "Adjudication is the
review and consideration of all available information to ensure an individual's loyalty, reliability,
and trustworthiness are such that entrusting an individual with national security information or
assigning an individual to sensitive duties is clearly in the best interest of national security."
Emergency response[edit]
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Adjudication is the process of identifying, with reasonable certainty, the type or nature of special
nuclear material or nuclear device that set off an alarm and assessing the potential threat that the
material or device might pose with corresponding implications for the need to take further action.
adjudication procedure :1.Notice: A party to a construction contract must

have the right to give a notice at any time of his
intention to refer a particular dispute to the
adjudicator.
2.Appointment:
A method of securing the
appointment of an adjudicator and furnishing him
with details of the dispute within 7 days of the
notice is mandatory.
3.Time scale: The adjudicator is then required to

reach a decision within 28 days of this referral. It
will not be possible to agree in advance of any
dispute that additional time may be taken for the
adjudication.
4.Extending the timescale: The adjudicator may
extend the period of 28 days by a further 14 days if
the party refereeing the dispute consents.
A
longer period can only be agreed with the consent
of all the parties. Such agreement can only be
reached after the dispute has been referred
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5.Act impartially: The adjudicator is required to act

impartially.
6.Act inquisitorially: The Act requires that the
adjudicator takes the initiative in ascertaining
facts and the law. This gives the adjudicator
power to investigate the issue in whatever manner
he or she deems appropriate given the short time
scale available.
7.Binding nature: The decision of the adjudicator

is binding until the dispute is fi nally determined by
legal proceedings, by arbitration or by agreement.
Phillip Capper suggests that the until formulation
gives an unfortunate interim air to the decision
almost inviting the view that it ought to be
reopened at a later stage.20
The Act does,
however, go on to say that the parties may agree
to accept the decision of the adjudicator as fi nally
determining the dispute.
8.Immunity: The adjudicator cannot be held liable
for anything done or omitted in the discharge of his
function as an adjudicator unless acting in bad
faith. This protection is extended to any employee
or agent of the adjudicator.
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Conclusion of adjudication proceedings.

(A) Withdrawal of request for adjudication. A party may file a withdrawal
of its objection or request for an adjudication hearing at any stage of the
adjudication proceeding. Provided there is not another party to the
adjudication proceeding who wishes the adjudication proceeding to
continue, not later than forty-five days after the filing of a withdrawal of
the objection or request for an adjudication hearing, the hearing
examiner shall submit to the director a written report and
recommendation of the action to be taken by the director. This paragraph
does not apply to withdrawals made as a result of settlement agreement
by all parties pursuant to paragraph (C) of this rule.
(B) Failure to prosecute. Where a party fails to comply with these rules
or with orders of the hearing examiner, the hearing examiner may, upon
motion of any party or upon the hearing examiner's motion and after
notice to the parties, submit to the director a written report and
recommendation that recommends that the director dismiss the
adjudication proceeding.
(C) Settlement agreements. If all parties agree, a settlement agreement
may be entered into at any stage of the adjudication proceeding prior to
the issuance of a final order by the director. Not later than forty-five days
after the filing of a settlement agreement entered into by all parties, the
hearing examiner shall submit to the director a written report setting forth
findings of fact and conclusions of law, and a recommendation of the
action to be taken by the director. The hearing examiner may
recommend that the settlement agreement be adopted as a final order.
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Adjudication

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ADJUDICATION

INTRODUCTION:Adjudication is the legal process by which

DEFINATION:Adjudication can also be the process, at dance

adjudication procedure :1.Notice: A party to a construction contract must

3.Time scale: The adjudicator is then required to

5.Act impartially: The adjudicator is required to act

7.Binding nature: The decision of the adjudicator

Conclusion of adjudication proceedings.

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