Expert Determination is a form of Alternative Dispute Resolution (“ADR”). It is a confidential and binding process whereby two parties agree to submit an issue for the determination of a third-party for settling a technical or legal issue or dispute, rather than in a legal battle in front of judges or arbitrators.
There are no hard and fast rules in Expert Determination. Parties are free to agree whatever processes and rules they wish.
Expert Determination is particularly useful when the parties require a specialist view on a subject matter and are prepared to be bound by the decision of the Expert. It is usual for the decision to be finally binding and can provide a fast and cost effective means of determining technical issues where there are no substantial disputes of fact.
Expert Determination is also beneficial where parties need to retain an on-going relationship which is often soured by the use of litigation or arbitration.
How can we help?
Referral and Submissions to Experts
Silver Shemmings takes pride in its ability to provide a complete dispute resolution service from the first signs of a dispute until full determination. In our experience, getting us involved in the dispute at the outset has been fruitful to our clients. A clear and deep understanding of the dispute can be obtained which in turn greatly assists the possibility of resolution.
Our services to clients in projects where there is a provision disputes to be referred to a board include:
- advice on and preparation of claims or joint claims;
- drafting submissions and referral to the Expert;
- drafting of witness statements.
Our appointment as experts is generally at the hands of our client and partiers in dispute. If you wish to appoint an expert to determine any technical or legal issue, or if require advice as to how to take your claim forward to an expert, or to defend a claim before an expert, please contact one of our offices.