In this MSc Psychology dissertation, Nigel Davies examines the often-overlooked psychological dimensions of construction adjudication, exploring how highly experienced adjudicators reach decisions in complex, high-pressure disputes.
Drawing on in-depth interviews with 12 adjudicators, each with at least 150 appointments and most with more than 350, the research provides rare insights into the lived experience of decision-makers operating at the sharp end of construction dispute resolution.
Using a phenomenological methodology and reflexive thematic analysis, the study identifies four principal themes shaping adjudicative decision-making: managing complexity through structured processes; the role of professional experience and intuition; emotional and psychological resilience; and interpersonal dynamics and communication.
The findings suggest that experienced adjudicators combine disciplined analytical frameworks with developed professional intuition, emotional self-regulation and reflective practice. These capabilities help them maintain impartiality and reach reasoned decisions despite severe time pressures, incomplete or conflicting evidence, and the demands of technically and legally complex disputes.
The research also highlights the double-edged nature of experience. While extensive professional experience can strengthen judgment, pattern recognition and confidence, it may also increase the risk of cognitive bias. The findings suggest that experienced adjudicators recognise the importance of testing instinctive conclusions against the evidence and arguments before them.
A further focus is the psychological demands of adjudicative decision-making. The dissertation examines how adjudicators manage uncertainty, deal with aggressive or difficult parties, resist external pressures, maintain independence, and sustain confidence when their decisions may subsequently attract criticism, complaints or legal challenge.
Of particular relevance to construction professionals and dispute resolvers, the study concludes that effective adjudication depends on more than legal and technical competence. Emotional intelligence, psychological resilience, ethical integrity, self-awareness and reflective judgment are also central to effective decision-making. The research argues that these human factors deserve greater attention in adjudicator selection, training and continuing professional development, as well as in the design of alternative dispute resolution systems more generally.
Overall, the dissertation provides a distinctive interdisciplinary perspective on the human factors underpinning adjudicative decision-making and offers practical insights for adjudicators, professional bodies, training providers and policymakers seeking to improve the fairness, consistency and effectiveness of construction dispute resolution.
Citation: Nigel Davies, How do experienced Construction Adjudicators make decisions in challenging cases? (MSc Psychology Dissertation, Oxford Brookes University, 2024).
Effective adjudication depends upon far more than legal and technical expertise. Experience, emotional resilience, ethical integrity and reflective judgment are equally important in reaching fair and impartial decisions.