Expert Determination

Expert determination is a method of alternative dispute resolution (ADR) where parties in a dispute agree to appoint an independent expert to resolve their differences. The expert, often chosen for their specialised knowledge or expertise relevant to the dispute, evaluates the issues and makes a binding decision or determination.

Here’s an overview of the process of expert determination:

Agreement to Proceed

The parties involved in the dispute agree to submit their disagreement to expert determination. This agreement is typically outlined in a contract or dispute resolution clause, specifying the scope of the expert’s authority and the process to be followed.

Submission of Information

Each party provides the expert with relevant information, documents, evidence, and arguments related to the dispute. This may include written submissions, expert reports, witness statements, or any other materials deemed necessary for the expert’s evaluation.

Decision-Making Process

Based on their evaluation, the expert formulates a decision or determination on the dispute. This decision is typically outlined in a written report, which may include the expert’s findings, reasoning, and any applicable legal or technical principles.

Finalisation of Process

Once the expert issues their determination, the dispute resolution process is concluded. The parties are expected to comply with the expert’s decision, and any further actions required to implement the determination are typically outlined in the expert’s report or in the agreement between the parties.

Selection of the Expert

The parties mutually agree on the selection of an expert with the appropriate qualifications and expertise relevant to the dispute. The chosen expert should be impartial and independent, with no conflicts of interest that could compromise their neutrality.

Expert Evaluation

The expert carefully reviews the information provided by both parties, conducts any necessary investigations or inquiries, and applies their expertise to analyse the issues in dispute. They may request additional information or clarification from the parties if needed.

Binding Decision

The expert’s determination is usually binding on the parties, meaning they are legally obligated to abide by the decision reached. In some cases, the expert’s determination may be enforceable through the courts if necessary.

Expert determination offers a streamlined and efficient method of resolving disputes, particularly those involving technical or specialised issues, without the need for formal litigation or arbitration proceedings. It can be a flexible and cost-effective alternative to traditional dispute resolution methods, providing parties with a quicker resolution while benefiting from the expertise of a qualified specialist.