To start an adjudication, the Claimant must provide the Respondent and ADACC (as the selected Nominating Authority) with a Notice of Adjudication. For information on how to commence an adjudication, please refer to Commencing an Adjudication.

Documents submitted to ADACC after 4 p.m. mountain time or at any time on a Saturday or a holiday shall be deemed to have been submitted on the next day that is not a Saturday or a holiday.

The Parties have the opportunity to agree on an Adjudicator to adjudicate the dispute. If the Parties are able to agree on an Adjudicator, they must jointly submit an Adjudicator Selection Form to ADACC within four calendar days of the Respondent and ADACC receiving the Notice of Adjudication. The Adjudicator Selection Form must be sent to ADACC by email at authority@adacc.ca.  For information on how to participate in the selection of an Adjudicator, please refer to Selecting an Adjudicator.

If ADACC does not receive an Adjudicator Selection Form within four calendar days of receiving the Notice of Adjudication, ADACC must appoint an Adjudicator within seven calendar days from the expiration of the four-day period.

ADACC will provide the parties with the contact information of the Adjudicator appointed to the adjudication on the same day as the appointment.

To respond to a Notice of Adjudication, the Respondent must send the Adjudicator and all Parties a Response to Notice of Adjudication. A copy of the Response to Notice of Adjudication must also be provided to ADACC. For information on how to respond to a Notice of Adjudication, please refer to Response to Notice of Adjudication.

No. ADACC will not administratively decide whether a dispute may properly be referred to adjudication. A Claimant may commence an adjudication and, as part of the adjudication process, request that the Adjudicator determine whether the Adjudicator has jurisdiction to decide the issue. A Respondent may also ask an Adjudicator to decide whether the Adjudicator has jurisdiction to decide the issue.

The cost of an adjudication will vary. The fee is based on the amount in dispute as set out in the Schedule of Fees unless the Adjudicator and the Parties agree otherwise. For a copy of the Fee Schedule, please refer to the following link: Schedule of Fees. The Adjudication Fee may consist of a fixed fee, or an hourly rate multiplied by the number of hours spent by the Adjudicator, plus disbursements and taxes. If the Parties and the Adjudicator agree to a fee that is different from the fee in the Fee Schedule, ADACC must be notified in writing within two days of the Adjudicator being appointed to the adjudication.

No. ADACC will not charge an appointment fee to appoint an adjudicator. ADACC does not charge a fee to appoint an Adjudicator agreed upon by the Parties. ADACC does not charge a fee when asked to appoint an Adjudicator when there is no agreement on the Adjudicator.

No. A lawyer is permitted but not required for ADACC adjudications.

Please refer to the Certification Process section of ADACC’s website for instructions on how to become an Adjudicator.

For information on how to select an Adjudicator, please refer to Selecting an Adjudicator.

The same day that ADACC appoints an Adjudicator to an adjudication, ADACC with provide the Parties with the Adjudicator’s contact information.

The Adjudicator will conduct the adjudication in accordance with the Adjudicator’s powers, duties, and functions as set out in the Prompt Payment and Adjudication Regulation and the procedures established by ADACC. The adjudicator may issue directions to the Parties of the steps to be followed in the adjudication process.

Some adjudications may require a hearing by videoconference, some may involve an on-site inspection, and some may proceed only with documents. For further information about the adjudication process, please refer to Adjudication Process.