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.