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 factors 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 for 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 regards to adjudication, I am using it to refer to when someone submits everything related to a dispute in the hopes that it will lead to a favourable outcome.

While it might seem logical to prepare your case in this way, overloading an adjudicator 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 efficiently as possible.

Incorrect preparation can lead to:

• Breach of natural justice: An overwhelm of information can make it considerably harder for an adjudicator to consider all the points being made when making their final decision.

• Reduction of credibility: It may seem like more evidence will lead to a stronger case but in reality it more often undermines what is being presented.

• Cost increases: Typically, adjudication is a more cost-effective approach to dispute resolution. However, overwhelming evidence can cause the process to begin again if an adjudicator is unable to make a decision. This will incur additional costs.

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 but by then it is too late.

Mercantile Barristers can offer legal support at every stage of the adjudication process, including helping you collect 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.