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.
Sir Alan Ward has for the last few years been the Chairman of the Civil Mediation Council. I have mediated with him, and he was excellent. But as a Court of Appeal judge Lord Justice Ward also made his mark. I detect two recurring themes in his judgments: encouraging parties not to be so daft…