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- What is Adjudication?
- Adjudication is a form of dispute resolution in which the parties to the dispute submit evidence and make arguments to a neutral third party who has the power to deliver a binding decision, generally based on objective standards
- How are Adjudicators chosen?
- he Student Appeals Branch maintains a Roster of Adjudicators; the Superintendent of Achievement then assigns Adjudicators to an appeal from this roster.
- What happens when an appeal file is referred to an Adjudicator?
- The Adjudicator may establish rules on how the adjudication will proceed, including but not limited to:
- Holding a written or oral hearing;
- Determining the order of evidence to be presented;
- Managing the parties to an appeal; and
- Ruling on objections and legal arguments.
- An Adjudicator will weigh the submissions of the appellant and the respondent, as well as evidence provided by witnesses, to reach a decision. He or she may:
- Dismiss the appeal;
- Confirm the decision of the Board of Education;
- Refer the appeal back to the Board of Education; or
- Vary/ revoke the Board of Education’s decision.
- The Adjudicator will issue a legally binding decision and forward a signed copy to the Student Appeals Branch. The Student Appeals Branch will coordinate the distribution of these materials in accordance with the orders of the adjudicators and procedural rules.
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- What happens if one of the parties does not participate in the adjudication process?
- If one of the parties chooses not to participate in the adjudication process or attend a hearing, the Adjudicator may still render a decision. However, in choosing not to participate, the party may weaken or undermine his/her own case.
- Are the Adjudicator’s decisions binding?
- Yes. As a statutory decision-maker, the Adjudicator’s decisions are final and binding for both parties to the appeal.
- Is there any cost for mediation or adjudication?
- No. The Ministry will pay the costs of mediation and adjudication.
- Can I bring a lawyer or advocate with me to mediation or to a hearing before an Adjudicator?
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