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. You can find Chris’s article on this, on the ICAEW website.
So the parties 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 appointed expert.