Expert Determination is a dispute resolution process in which an independent expert in the subject matter of the dispute, is appointed by the parties to resolve the matter. The expert’s decision is - by prior agreement of the parties - legally binding on the parties. Like all ADR processes it is entirely confidential.
The Academy has published rules for Expert Determination.
When should I use Expert Determination?
Expert Determination is ideally suited to disputes and matters of valuation and/or which are primarily dependent on technical issues eg does the computer match the specification; is the malfunction due to a design or a manufacturing fault; valuations of shares; rent reviews and contract performance matters. It can also easily be used in many other areas such as insurance wording disputes, sale of goods disputes, fitness for purpose and boundary disputes.
Although Expert Determination is an Alternative Dispute Resolution process, it can also be used when there is no dispute, but a difference which needs to be resolved for example the valuation of a private business.
Because of its flexibility, Expert Determination is ideally suited to multi-party disputes.
The Appointment Process
TAE is able to provide help and advice in appointing an Expert Determiner. TAE also acts as an appointing body for Expert Determination and may be named in Dispute Resolution Clauses.