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.
Sir Alan Ward has for the last few years been the Chairman of the Civil Mediation Council. I have mediated with him, and he was excellent. But as a Court of Appeal judge Lord Justice Ward also made his mark. I detect two recurring themes in his judgments: encouraging parties not to be so daft…