Expert Determination

Expert determination is a process whereby parties may agree to refer the whole of, or any part of, a dispute between them to a person whose experience and legal expertise allows a quick, efficient and cost effective method of resolving the whole of a dispute, or some part of it. The expert determiner relies on material provided by the parties and submissions made by them.

Generally, there is no hearing and no cross-examination in expert determination. Expert determination may take place at any time, whether or not there are Court proceedings. Expert determination may, by agreement between the parties, be confidential. Many agreements contain provisions for expert determination of disputes arising out of a contract.

Expert determination may be the, or one of the, methods of dispute resolution provided for in an agreement. Expert determination may also be binding on the parties, depending on the terms of their agreement. Link into the expert determination agreement and the terms of expert determination here.