ALTERNATIVE DISPUTE RESOLUTION

Expert Determination

 

PROCESS:

• The parties jointly select an Expert who is knowledgeable in the field of their dispute.
• The parties sign a contract agreeing to be bound by the Expert's decision.
• Each party submits in writing their reasons and arguments, including evidence.
• The Expert decides who should pay what to whom in settlement of the dispute and issues a report accordingly.

ADVANTAGES:

• Good when technical evidence and arguments are being offered (but see below for limitations)
• The process is swift and fairly cheap.
• The process is confidential within the limitations of the law.
• There is a degree of finality in the result - it is normally not easily appealed (but some have !).

DISADVANTAGES:

• No right to query the other party's arguments or evidence.
• If a party defaults on the agreement then this must be pursued in court as a breach of contract.

OTHER COMMENTS:

Expert Determination is considered rough justice by some but is popular for its speed, finality and relatively low cost.

 

DISCLAIMER: These details are for general information only - they explicitly do not comprise legal advice

 

 

 

 

 

 

 

 

 

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