Advantages of Expert Determination
The most popular form of alternate dispute resolution is mediation, however expert determination is also a great option as it is subject to little or no control by the court.
This means the parties have more control with expert determination, they get to choose a determiner with the skills relevant to the dispute, who then controls the process, but only on the terms agreed at the outset.
Other advantages of expert determination include:
- Privacy: The dispute is resolved between the parties without anyone else even being aware of its existence.
- Speed: The dispute could be resolved in as little as 30 days.
- Choice: The parties can choose an expert who understands the problems, thus often avoiding the need to appoint separate experts.
- Final & Binding: The dispute will be resolved without appeal. The appointed expert’s determination forms a binding contract, and the courts are very reluctant to interfere with the expert’s decision. Fraud and manifest error are exceptions.
- Impartial: The expert is required to act fairly and to give each party the opportunity to make representations to the expert, and to respond to representations made by the other side.
- Relationships: After a long and hard fought court case the parties are unlikely to want to do business together, ever again. Expert determination is a technical process that is far less likely to destroy business relationships.
Contact Chris to discuss further options and details on how you can appoint him.
Expert Determination
I was very impressed by the way this case was resolved.