Adjudication
From Wikipedia, the free encyclopedia
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved. Three types of disputes are resolved through adjudication: disputes between private parties, such as individuals or corporations; disputes between private parties and public officials; and disputes between public officials or public bodies.
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[edit] Other meanings
Adjudication can also be the process (in television game shows and the like) by which a winner is found.
[edit] Adjudication in Healthcare
Claims adjudication in health insurance refers to the determination of a member's payment, or financial responsibility, after a medical claim is applied to the member's insurance benefits.
Real time claims adjudication (RTCA) is a process that will instantaneously adjudicate a claim before the healthcare member even leaves the office. (Similar to using a debit card.) Humana, Inc. is one of the industry pioneers of RCTA. [1]
[edit] Adjudication pertaining to Security Clearances
Adjudication is the process directly following a background investigation where the investigation results are reviewed in order to determine if a candidate should be awarded a security clearance.
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."
[edit] Adjudication in Victoria, Australia
Adjudication is a relatively new process introduced by the Government of Victoria in Australia, to allow for the rapid determination of progress claims under building contracts or sub-contracts and contracts for the supply of goods or services in the building industry. This process was designed to ensure cash flow to businesses in the building industry, without parties get tied up in lengthy and expensive litigation or arbitration. It is regulated by the Building and Construction Industry Security of Payment Act 2002.
The Victorian Building Commission has authorised Building Adjudication Victoriato nominate adjudictors.
The Building and Construction Industry Security of Payment Act 2002 is currently being reviewed by the State Government for reforms which may widen the scope of the Act within the building industry in Victoria.
[edit] Adjudication in Queensland, Australia
The Building and Construction Industry Payments Act 2004, or BCIPA as it is commonly known, came into effect in Queensland on the 1st of October, 2004. Through a statuatory-based process known as adjudication a claimant can seek to resolve payment on account disputes. The act covers construction, and related supply of goods and services, contracts, whether written or verbal.
BCIPA is regulated by the Building and Construction Industry Payments Agency, a branch of the Queensland Building Services Authority.
The Building and Construction Industry Payments Agency has authorised RICS Dispute Resolution Service to nominate adjudictors in Queensland.
[edit] See also
- Administrative law
- Alternative dispute resolution (eg. Arbitration, Mediation)
- Collateral estoppel
- Dispute resolution (eg. Lawsuit)
- Jurisprudence
- Res judicata
[edit] External links
- Buidling and Construction Industry Payments Agency
- Adjudicative Facts - Entry at Legal Definitions
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