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.
“It is ORDERED that the experts of like discipline shall meet, and shall discuss matters relevant to their opinions in this matter, and shall produce a Joint Statement, setting out those matters on which they are agreed, and those matters on which they have failed to agree, with a summary of their reasons for disagreeing.”…