How to prepare for adjudication with the Ombudsman
Category Newsletter: Article
One of the functions of the Community Schemes Ombud Service is to resolve disputes. This is done by way of conciliation followed, if necessary, by adjudication. Conciliation is done either telephonically or by way of a round table discussion. The aim is to try and settle the dispute. If agreement cannot be reached, the matter may be referred to adjudication whereat a binding award may be issued. Legal representation is only allowed in exceptional circumstances meaning that the trustees and managing agent are left to fight the fight on behalf of the body corporate. Owners are to represent themselves. Here are some tips on how to prepare for adjudication.
Ensure all the necessary documents are submitted and applications and replies are thorough
You are going to rely on these documents if the matter is referred to adjudication. If you are lodging a dispute or replying to one that has been submitted, ensure that your case is set out in full. My tip is to ignore the box on the application form where you need to set out your dispute. Attach a comprehensive ‘Particulars of Claim’ to the application form. Ensure all documents you want to rely on are annexed to your application or any reply thereto.
Be well prepared
It is essential that you are well prepared going into adjudication. Study your case thoroughly prior to attending adjudication proceedings. My tip is to prepare a paginated bundle of documents which includes all forms and documents submitted prior to the proceedings. If you want to submit additional documents at adjudication you can, but it is not ideal as it may lead to a postponement. Prepare an index (this will really impress the adjudicator) and make three copies of your bundle (one for the adjudicator, one for the opposing party and another for any witnesses being called). Mark all the important issues you want to address in your bundle and use highlighters, stickers or suchlike (only for your bundle!).
Arrive early
Adjudication proceedings generally start at 9am. It may be that several cases are scheduled for the same day so make sure you have a whole day set aside. If you arrive first and your opposing party is also early have a good chance of being heard first. If not you may have to wait several hours.
Present your case concisely and succinctly
With other cases scheduled for the same day, time is of the essence. You may only have about 2 hours to conclude proceedings. I find that some cases are being rushed. Ensure that your case is properly conveyed to the adjudicator. Have witnesses ready to testify if need be. Remember that, if you are going to rely on a report or other document prepared by someone else (e.g. an engineer’s report), you need to have the author present to verify the authenticity of the findings specified in such document.
Author: Jacques Maree Attorneys
