Expert determination is not like court proceedings, and has very little in common with them, or with expert evidence. In an expert determination, the expert constitutes the tribunal and makes the decision, and they are not in any sense a witness.
Expert determination is often used in conjunction with other dispute resolution processes, and it can be used as an adjunct to mediation. This can arise where there is a need for an independent authority of the mediator(s) to give a binding decision on an important issue. The use of expert determination provides the parties with the means of resolving a part of a dispute about which they would prefer not to negotiate. Obtaining an expert's ruling can break an impasse and allow the mediation to proceed without that blockage and it allows the mediator to remain completely impartial.
CEDR can assist by proposing suitable experts to act as the expert determiner from our panel. We will also handle all aspects of the expert determination arrangements. These include:
For guidance on Expert Determination please refer to the Guidance Notes in the Resources accordion below.
For more information about this service please complete the Referral Form, on the 'Refer a case' button at the top of this page alternatively you can call one of our client advisors on 020 7536 6060.
CEDR Dispute Resolution panel members who can act as Expert Determiners include: