Agreement for Expert Determination: What You Need to Know

When disputes arise between individuals or organizations, there are several ways to resolve them. One option is through expert determination. Also known as expert adjudication or expert appraisal, expert determination involves an independent third party who assesses the facts of a case and makes a binding decision.

To use expert determination, both parties must agree to it in writing. This agreement is known as an agreement for expert determination. In this article, we`ll take a closer look at what an agreement for expert determination entails and what you need to know before entering into one.

What Is an Agreement for Expert Determination?

An agreement for expert determination is a legal contract between two parties that outlines the terms and conditions of an expert`s involvement in a dispute. It typically includes:

– The identity of the expert: This includes the expert`s name, credentials, and any conflicts of interest they may have.

– The scope of the expert`s involvement: This outlines the specific issues the expert will address and any limitations on their role.

– The process for the expert`s determination: This includes the rules and procedures the expert will follow to make their decision, including any deadlines for completing their work.

– The cost of the expert`s services: This outlines the fees and expenses associated with the expert`s involvement in the dispute.

Why Choose Expert Determination?

Expert determination is a popular alternative to litigation or arbitration for several reasons:

– Speed: Expert determination can be completed much faster than court proceedings or arbitration, which can take months or even years to resolve.

– Cost: Expert determination is often less expensive than other dispute resolution methods, as it does not involve extensive legal fees or the need to hire expert witnesses.

– Flexibility: Parties can choose an expert who has experience in the specific area of dispute, allowing for a more tailored and informed decision.

– Confidentiality: Expert determination can be confidential, which is appealing to parties who want to keep the details of their dispute private.

Before You Sign an Agreement for Expert Determination

Before signing an agreement for expert determination, there are a few things you should consider:

– Expert`s qualifications: Make sure the expert you choose has the necessary experience and credentials to handle your dispute.

– Arbitrability: Ensure that your dispute is subject to expert determination, as some disputes may be required to go through court or arbitration.

– Cost: Determine the cost of the expert`s services and factor it into your budget for resolving the dispute.

– Timeline: Establish a timeline for the expert`s involvement and for completing the expert determination process.

Conclusion

An agreement for expert determination can be an effective and efficient way to resolve disputes. It provides parties with a binding decision from an independent third party who has expertise in the area of dispute. To ensure the success of the process, parties must choose an appropriate expert, establish clear rules and procedures, and agree on the cost and timeline. With careful consideration and planning, expert determination can be an effective alternative to traditional dispute resolution methods.