What is Expert Determination?

Expert determination is a flexible and usually rapid ADR procedure for the resolution of disputes based upon the decision of an independent third party: the expert.

The powers of the expert are agreed as a matter of contract between the parties. The expert is expected to contribute his own expertise and the process may involve the expert inquiring into the matters in dispute as well as receiving parties’ prepared submissions. The expert’s decision is binding and there is no right of appeal.