Adjudication - Definition
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Table of ContentsAdjudication DefinitionA Little More on What is AdjudicationDisputes related to Adjudication ProcessThe process of AdjudicationAcademic Research
Adjudication refers to the ultimate decision governed by law. It relates to the procedure of resolving a legal issue with the help of court or legal authorities. When a case is presented in court, the final verdict offered by the judge is said to be adjudication. One can also consider the procedure of endorsing an insurance claim and an order between creditors and bankrupt person as adjudication.
A Little More on What is Adjudication
Adjudication can be defined as the legitimate process of offering a lawful solution to an issue pertaining between two individuals and beyond. The final step in this process involves judgement followed by jurys views on the case that legally binds both the parties. Most of the cases are related to financial matters, and they lead to allocation of rights for the parties included. Adjudication is different from other legal cases that involve fairplay and witness. Instead, it helps in resolving issues between private parties, bureaucratic officers and private party, public organizations and public officers. For instance, it can assess carriers obligation for claims deposited by an insured individual.
Disputes related to Adjudication Process
Different types of disputes that adjudication helps in resolving are:
- Conflicts between parties including individuals and organizations
- Conflicts between private parties and public officers
- Conflicts between public officers and/or public organizations
In order to resolve disputes through adjudication process, it is essential to send a legal notice to parties involved followed by a chance given to all concerned parties to present their proofs, and let their views about the issue/conflict be noticed.
The process of Adjudication
First of all, one of the parties (also known as the trier) initiates to send a legal notice that includes details of conflict, and details out any laws, if applicable. The notice doesn't have any standard requirements pertaining to adjudication. This legal notice can also mention the type of conflict between the parties along with its location and timing, and what should be the feasible and legal resolution. Then, there is an appointment of adjudicator made, and a notice is offered to the other party. Once the defending party presents its claim in its support, the adjudicator offers both the parties to present their views in court, and takes the final decision. This sounds to be almost similar to arbitration where an arbitrator offers solutions to organizational issues.
The forms and limits of adjudication, Fuller, L. L. (1978). The forms and limits of adjudication. Harv. L. Rev., 92, 353.Form and substance in private law adjudication, Kennedy, D. (1975). Form and substance in private law adjudication. Harv. l. rev., 89, 1685.Toward a theory of effective supranational adjudication, Helfer, L. R., & Slaughter, A. M. (1997). Toward a theory of effective supranational adjudication. Yale lj, 107, 273.Adjudication as a private good, Landes, W. M., & Posner, R. A. (1979). Adjudication as a private good. The Journal of Legal Studies, 8(2), 235-284.Common Law Rules and Constitutional Double Standards: Some Notes on Adjudication, Wellington, H. H. (1973). Common Law Rules and Constitutional Double Standards: Some Notes on Adjudication. The Yale Law Journal, 83(2), 221-311.