When we want something to go our way, we usually throw everything we have at it. For many scenarios, this is an admirable approach – adjudication is not one of these scenarios.

Adjudication exists to be a simple yet effective method of ADR (Alternative Dispute Resolution). Part of keeping the process simple is avoiding stuffing your case with an overwhelming amount of information that make it harder for an adjudicator to reach a decision within the typical 28 day period.

I have shared extensively about what you should include when preparing your case in an adjudication. However, I have found many people still “over-prepare.” So, today, I want to draw attention to the dangers of gathering excessive irrelevant documentation.

The “Kitchen Sink” Approach

If you have ever come across the phrase “everything but the kitchen sink” then you may already have an idea of what I mean by the “kitchen sink” approach. In to the context of an adjudication, I am using it to refer to when someone submits everything related to a dispute in the hope- that it will lead to a favourable outcome.

While it might seem logical to prepare your case in this way, overloading an adjudicator with excessive irrelevant documentation will rarely work in your favour.

What kind of information or documentation will overwhelm rather than inform an adjudicator? The answer to this will depend entirely on the details of your specific case. Documentation that may not be relevant in one case of adjudication could be vital in another. This is why seeking legal advice early in the process is essential to ensure you are preparing as effectively as possible.

Incorrect preparation can lead to:

• Breach of natural justice: An overwhelming amount of information can make it considerably harder for an adjudicator to consider properly all the points being made before making their final decision within the tight time limit.

• Reduction of credibility: It may seem like more evidence will lead to a stronger case but in reality, superfluous documentation more often detracts from, or in some cases undermines the credibility of the core argument being presented.

• Cost increases: Typically, adjudication is a more cost-effective approach to dispute resolution than litigation. However, overwhelming the process with excessive and irrelevant evidence can cause the costs to sky rocket thus depriving it of its natural advantage of cost effectiveness.

How can you ensure you are properly prepared for adjudication?

The best way to prepare for adjudication is with an expert by your side. In comparison to other complex processes such as litigation, adjudication is relatively straightforward. However, a single misstep can cause you to come off track without even realising it – at least until your case is deemed invalid or the decision is negative but by then it may already be too late.

Mercantile Barristers can provide legal support at every stage of the adjudication process, including helping you identify and include the evidence most relevant to your case. If you have any doubt at all, do not take the chance by forging ahead on your own.

Get in touch today to learn more about how we can help.