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.
When for some years I headed up a team of forensic accountants in my old national firm, as a matter of policy I always recruited people who were brighter than me. They kept me on my toes and were great problem-solvers. They also worked extremely hard; the customary valediction on a Friday evening was not…