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 (with one such appointment, all concerned were ready to move quickly and Chris’s decision was reached in FIVE 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 with virtually no opportunity to 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.
Pen laying on a report

Get in touch

Contact Chris to discuss further options and details on how you can appoint him.

Contact Chris