About us > Areas of Practice

Expert Determination & Evaluation

Dispute Mediation Consultancy act as the appointing provider which ensures that the expert is not only quality assured but also totally independent. We offer two forms of dispute determination using Experts & Mediators. These take the form of:

1.   Expert Determination

        including Mediation Determination

2.   Expert Evaluation

including Independent Expert Document Review - A Desktop Technical Evaluation

What is an Expert Determination?

Expert Determination is a highly successful and proven form of Alternative Dispute Resolution where the parties agree to appoint an Independent Expert to resolve their dispute. The expert will be recognised as a professional expert in the subject matter of the dispute and a person with whom both parties have confidence in to make an informed decision to finalise (determine) their dispute. The resulting Expert Determination will be legally binding on the parties. The advantage of using Expert Determination is that it is quick, cost effective and final.

Mediated Determination

If at the end of a prescribed time for a mediation an agreement can not be obtained between the parties, the parties can choose for the mediator to determine the dispute. If such an Expert Determination is required this should be agreed prior to start of the mediation. This form of Expert Determination ensures that a solution will be found on the day of the mediation which is built on the issues discussed as part of the Mediation process.

 


 

What is an Expert Evaluation?

An Expert Evaluation is similar to an Expert Determination but is advisory only and not legally binding. This process usually helps form the basis of a settlement. An example of a concise and relatively cheap Expert Evaluation is a Boundary Dispute Desktop Review. Here the parties in dispute are guided by a professional independent advisor whose written report to both parties gives a strong indication of the probable out come of the dispute following detailed examination of paperwork.

In the resolution of boundary disputes for example, both neighbours may be asked by the surveyor (Expert) to provide a summary of their case including historical data such as Land Registry and deed documents that they believe support their case and which are crucial to the surveyors understanding of the issues. The Surveyor will inform the parties if there are any issues that fall outside their knowledge and experience, or if there are issues on points of law which can only be resolved in Court.

If the matter is settled with the help of the evaluation report the surveyor's role in the dispute is at an end. Dispute Mediation Consultancy can provide a copy of the surveyor's report, together with any Settlement Agreement to confirm an end of the dispute; these can be sent to the court and/or solicitors to formally record the agreement.

 


 

Our Expert Determiners

The Dispute Mediation Consultancy has several professional experts such as Chartered Surveyors and Accountants who practice in areas which are suitable for dispute resolution using the Expert Determination process. All of DMC's associates are not only professionals in their field of expertise but are also trained in the skills and techniques of dispute resolution and are therefore highly suitable dispute resolvers.

Disputes suitable for Expert Determination

 

  • Boundary determination

 

  • Contract performance

 

  • Multi-party disputes


 

  • Technical dispute

 

  • Rent review

 

  • Valuation Disputes

 

There is a wide range of disputes that can be settled using this process - just contact us to see if your dispute would be suitable.

Advantages of Expert Determination

  • Expert Determination Saves Time & Money
  • Expert Determination is Private & Confidential
  • Expert Determination is final and legally binding
  • Expert Determination is cheaper than litigation
  • Expert Determination remains guided by the parties - (timetable and procedures used)
  • Expert Determination finalises the dispute quickly
  • Expert Determination enables an Expert to decide the matter based on information received and professional knowledge.


The process of Expert Determination

Every Expert Determiner will have their own approach to the process but generally the parties should agree to the exact wording of the question(s) to be determined by the Expert.

Once agreed, each party will be expected to submit all evidence that they think is necessary to support their case. The Expert may request clarification or additional information that may help in making their determination. At this time the Expert Determiner will consider if the matter can be determined simply on a document only basis or whether a hearing, technical examination, or ground visit (as in the case of a boundary dispute) is necessary.

On completion of the examination of evidence the Expert will issue their decision (the determination) in writing in accordance with the previously agreed procedures.

Management of the process

The Dispute Mediation Consultancy is able to manage all the process including providing all documentation, arranging venue if required and liaison between the parties and the Expert Determiner.


The Cost

Costs of the Expert Determination and Expert Evaluation vary depending on the complexities of the dispute, questions to be resolved, and amount of evidence submitted to the Expert for determination or Evaluation. The appointment fee and expert's fees will be identified in advance so that the parties will know their commitment at the outset. Our fee structure for both Expert Determination and Expert Evaluation is shown in our fees pages.

What if I do not agree with the Determination

The Expert Determination is usually final and is legally binding upon the parties. The parties should therefore select an expert who has both relevant experience of the matter of the dispute and is knowledgeable about the determination process.

Dispute Mediation

Mediation is a practical yet sophisticated process designed to address the real issues and obstacles behind conflict in reaching a commercially viable solution.

Why mediate?   >

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