So you may be wondering whether expert determination is a form of alternative dispute resolution?
Yes and no! It is an alternative to going to court but unlike mediation the parties are not in charge throughout the process.
They can agree the details of the expert’s appointment, they can choose the expert best suited to the dispute, and to an extent they can also have an influence on the procedure which the expert will follow. But, in contrast to mediation, once the process starts it cannot be stopped and the final decision is in the hands of the expert.
Read Chris’s article on ADR here for a more detailed explanation. This is article appears on the ICAEW website and has been published by The Academy of Experts.
Mediation is now so well known that any competent lawyer can rattle off the advantages: quick, cheap, confidential, without prejudice, reduced risk of adverse costs, the parties are in charge, and so on. Today I concentrate on the most interesting aspect, in my view: the ability for the parties to reach an agreement which no…