Expert Determination is a procedure whereby an expert whose decision is final and binding resolves a dispute, usually of a technical nature.
The expert is appointed under contract, either by a procedure set out in a previous legal agreement (the dispute resolution clause or DRC in a shareholder agreement or lease, for example) or by agreement at the time of the dispute between the parties and the expert. It is not arbitration or litigation, so their rules and precedents need not be followed. The expert determiner must act under the terms of the contract with the parties in dispute, so the three- or more- of them can agree those terms to suit the situation.
Chris performs expert determinations (also known as ED) by private appointment, and from the Institute of Chartered Accountants in England and Wales.
For more information on expert determination, here are the slides which Chris presented recently for International Mediation Awareness Week:
