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What is expert determination?

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What is expert determination?

Expert determination is a form of Alternative Dispute Resolution (ADR). It offers the disputing parties the opportunity to resolve disputes without going to court. 

The parties must agree to expert determination and often this agreement is set out in the parties’ contract.

It can be used as an effective procedure to resolve disputes which involve technical issues. For example, it is often used in construction industry disputes where building or engineering issues arise.

The process, which is private and confidential, involves appointing an independent, impartial expert to review and decide on the dispute.  The expert’s appointment can be made at any time. The expert has a duty to review the relevant facts and to act with fairness when deciding. The parties usually agree that the decision will be binding and enforceable in court. 

For more information, contact Christopher Burke by telephone 0161 684 6941 or email christopher.burke@pearsonlegal.co.uk

 

 

 

 

 

 

 

 

 

 

 

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.

Written by Christopher Burke

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