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Advantages of Expert Determination

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.


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