Private Adjudication Works
Comprehensive Adjudication is still an emerging form of dispute resolution within the United States but various types of private Adjudication have been utilized with tremendous success for decades in numerous other developed countries. All of these private Adjudication systems are more efficient, more expedient and far less costly than public court litigation or traditional arbitration because they expand the role of an expert, neutral Adjudicator in analyzing the applicable law and investigating the relevant facts — and they diminish or eliminate the roles of expensive legal counsel doing nearly identical work on behalf of their separate clients in the inefficient public court system or a traditional arbitration proceeding.
Examples:
United Kingdom
Since 1998, any party to a dispute connected to a construction contract in England has had a statutory right to utilize a private Adjudication to resolve the dispute. Thousands of disputes, involving legal claims as wide ranging as professional negligence, construction defect and breach of contract, have been swiftly and inexpensively adjudicated to a final resolution. Some of those adjudicated claims were simple and quite small. Others were extremely complex and very large. Because of the popularity and success of the British private Adjudication system, multiple other countries have established similar systems, including e.g. various members of the European Union, Canada, Australia, New Zealand, South Africa, Malaysia and Singapore. See https://www.legislation.gov.uk/uksi/1998/649/schedule/part/I/made
Netherlands
In 2007 the Dutch Institute for Financial Disputes (“KiFiD”) was founded to oversee the private adjudication of legal claims involving the financial services industry. As a result, a variety of legal disputes concerning insurance, banking and investment services are now swiftly and economically resolved using neutral private adjudicators with expertise in the legal issues surrounding financial products and services. See https://www.kifid.nl/about/ KiFiD is funded and supported by the financial services providers because it facilitates the just, rapid and economical resolution of disputes outside of the more expensive public court system. KiFiD also is popular with consumers and small businesses because complaints can be filed free of charge and disputes are investigated and adjudicated by neutral legal experts without any need to retain expensive outside legal counsel. Similar systems have been established in other European countries such as FinKN in Norway and FSPO in Ireland.
In the United States, CASES is your best source for utilizing a Comprehensive Adjudication as a more intelligent and less costly alternative to wasteful litigation.