Expert Determination

Expert Determination is one of the many forms of dispute resolution and is ideally suited to cases where there are technical issues that need settled.

It is neutral, flexible and confidential and has many advantages in that it is speedy, cost effective and final. As it is carried out privately, other than the parties involved, only I will know the specifics of the case.

There is little in common with court proceedings. I act fairly, without favouring either party.

My determination is a binding decision (unless the parties agreed otherwise at the outset) and is based on the technical aspects and merits of the case rather than the legal issues.

Before making my determination, I am free to ask the parties questions as I see appropriate as well as engaging other specialists if required.

Unless specified in the agreement, I have no power to award any costs, the parties normally bear their own costs, my fees are shared equally between the parties.

It is vitally important from the onset, that all parties:

  • Understand the determination agreement terms.
  • Have the authority to and have signed the determination agreement terms.
  • All matters of the dispute are clearly identified.
  • The case papers, video, etc. that the parties feel is relevant to the case are presented in a correctly formatted and timely manner.
  • A cut-off date and time is agreed for all submissions. (This prevents either party introducing new material once the determination has actually commenced)
  • I make my determination solely based on the information supplied
  • I am able to meet/speak with the parties individually to discuss their case and give each party an opportunity to discuss their case before making a determination.
  • An agreement on the timescale and the means by which I will deliver my determination.

Details of all fees, terms and conditions of engagement for my determination work are fully laid out in a separate Terms of Engagement Agreement.

Please contact me to discuss your case and agree a fee.