It is not enough for your adjudication response to be accurate. Of course, accuracy is a vital part of crafting a valid adjudication response but it will not be what makes it persuasive. The difference is the story you present that links the facts together.

Adjudicators are legally bound to act as a third, impartial party in cases of construction disputes that are brought to adjudication. To do this, they must be presented with the facts that detail the specifics of the dispute but they also need to have a thorough as possible understanding of how these facts relate to the dispute. 

Let us think about it this way…

You may have all the evidence (documents, communication logs, contract, etc.) to make a strong case but if an adjudicator can not determine the relevance of this evidence, it will not aid in securing a favourable outcome for you.

Unlike litigation, the swiftness of adjudication requires you to present your case in a way that is easy to digest. Therefore, you must structure your presentation much like a story – in the sense that there must be a clear beginning, middle and end for the adjudicator to follow.

The role of “storytelling” in adjudication

When we hear the term “storytelling” we often think of something fantastical, not necessarily a tale composed of facts. In adjudication, “storytelling” refers to the way in which you present facts so that an adjudicator can easily make sense of them.

You may not have considered this to be a crucial factor in preparing your adjudication response but I have seen it be the factor that makes or breaks someone’s case. Despite both parties having evidence that strongly supports their side of the dispute, it was the party who presented this evidence in context the adjudicator ruled in favour of.

You must remember that an adjudicator is entering this dispute without any prior knowledge – it must be this way to prevent breach of natural justice. Even if they have been an adjudicator for similar cases before yours, they will not “fill in the gaps” you leave. A gap in your case will be read as silence and that silence could be the ultimate deciding factor in your dispute. 

Crafting a persuasive adjudication response

When presenting an adjudication response, facts or evidence should never be altered or excluded in either party’s favour – that is not what I mean when I talk about crafting a “persuasive” response. A persuasive response does not refer to what facts or evidence are presented but how they are presented.

Events that may seem separate to an outsider but relevant to the dispute must be connected in a clear and concise manner. Since adjudication often involves complex, technical data, placing this data into a “story” simplifies it for the adjudicator to make a decision in the allotted 28-day adjudication period.

Adjudication is designed to be a swift and uncomplicated method of ADR (Alternative Dispute Resolution) but can quickly become complex when preparing your adjudication response. 

Enlisting a barrister to help prepare your response will ensure you are building the strongest case possible, crafting the most persuasive presentation based on the most relevant facts and information.