Building Disputes – Expert Determination

Expert determination has in the past been accepted as a form of alternative dispute resolution, which is used when there is not a formulated dispute, where parties have stated the need for arbitration, but rather the parties are both agreed that there is a serious need for evaluation of their case. In case law, it refers to expert being the arbitrators and therefore implying that an arbitrator is an expert, which is a common misconception. The main advantages of expert determination are that the decision process is confidential, quick, cost effective, conclusive and legally binding. An expert is appointed to decide on an issue within their own expert field. It is most commonly used for determining rent, valuation of property, sale and purchase of companies, and turnover or profit in a wide range of areas.
The expert that is appointed will be hired by both parties to resolve the conflict at hand. Therefore there needs to be an agreement to the expert before expert determination can commence. If the parties agree, the expert’s decision will be legally binding on all parties and if one party is unhappy with the outcome and decides to forward Stellar Refrigeration Mobile Al the case to court, a judge will usually uphold the expert’s decision. As with all the other forms of alternative dispute resolution, expert determination is completely confidential. Therefore evidence or submissions given during the process cannot be disclosed in court if the matter is unsuccessful at expert determination stage.
The advantages of expert determination are that it provides a cost efficient solution to disputes and problems that have arisen in all sorts of cases. As mentioned before, it is a completely private and confidential process, so will protect the parties from discriminating themselves. As with mediation, the parties to the dispute control the process that is to be used and can also choose to adopt standard rules but that is not mandatory. However it must be remembered that both How To Become A Residential Builder parties must agree to this. Expert determination is very quick and the timing of the process is selected by both parties for a date and time that suits them and their lifestyles. Instead of a judge or the parties deciding on the matters at hand, the expert will look over the case and determine the matters that need resolving. As mentioned before, whatever decisions the expert determined, it is final and legally binding unless the parties agree before the determination.

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