Expert Determination

Expert Determination can be an effective ADR method for resolving costs disputes.

Expert Determination is a confidential process involving an independent expert who makes a binding decision (unless otherwise agreed by the parties) on technical issues.

The expert has the authority to ask questions of the parties, subject to the procedures adopted at the outset, before providing their decision.

Benefits of Expert Determination

Expert determination can be an effective method for resolving a technical issue or dispute. This ADR method offers several advantages:

• Simpler - Less formal than court proceedings or arbitration
• Cheaper - Reduced legal costs compared to litigation
• Binding - The outcome can be binding if the parties wish it to be
• Confidential - Proceedings remain private between the parties
• Expert-led - Decisions made by specialists with relevant expertise

When to Use Expert Determination

Expert Determination is particularly suited to:

• Technical disputes requiring specialist knowledge
• Cases where parties want a quick, binding resolution
• Protected party matters requiring court approval of costs
• Disputes where the quantum of costs needs an independent assessment

The Process

1. Appointment - Selection of an appropriate CADR expert
2. Procedure - Agreement on the process and timeline
3. Submissions - Each party submits their position and evidence
4. Questions - The expert may ask questions of the parties
5. Decision - The expert provides their determination

Our Expert Panel

Our panel includes former judges, senior barristers and experienced costs lawyers who can provide authoritative expert determinations on a wide range of costs matters.