Expert determination - Revision history

Designing Buildings at 08:33, 3 November 2020

2020-11-03T08:33:03Z

← Older revision		Revision as of 08:33, 3 November 2020
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	* Zone of possible agreement.		* Zone of possible agreement.

−	[[Category:Property_law]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Roles_/_services]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Property_law]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Roles_/_services]]

Designing Buildings at 13:56, 3 July 2020

2020-07-03T13:56:28Z

← Older revision		Revision as of 13:56, 3 July 2020
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	* Negotiation techniques.		* Negotiation techniques.
	* Zone of possible agreement.		* Zone of possible agreement.
−
−	~~= External resources =~~
−
−	* CEDR - [https://www.cedr.com/solve/expert/ Expert determination]
−	* Pinsent Masons - [http://www.pinsentmasons.com/PDF/ExpertDetermination.pdf Expert determination]

	[[Category:Property_law]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Roles_/_services]]		[[Category:Property_law]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Roles_/_services]]

Designing Buildings at 06:00, 18 October 2019

2019-10-18T06:00:22Z

Editor at 11:16, 17 October 2019

2019-10-17T11:16:23Z

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		+	{\|
		+	\| [[File:Meeting man.jpg]]
		+	\|}
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	Expert determination is a form of alternative dispute resolution in which an independent third party who is an expert in the subject to be considered is appointed to decide the dispute. The expert’s decision is binding on the parties, unless the parties agree otherwise at the outset.		Expert determination is a form of alternative dispute resolution in which an independent third party who is an expert in the subject to be considered is appointed to decide the dispute. The expert’s decision is binding on the parties, unless the parties agree otherwise at the outset.

Editor at 11:06, 17 October 2019

2019-10-17T11:06:34Z

← Older revision		Revision as of 11:06, 17 October 2019
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	Expert determination is particularly suited to valuation disputes or technical issues which can be determined by a technical expert, rather than detailed legal issues. It can also be used for issues such as rent reviews, insurance wording disputes, fitness for purpose, and boundary disputes. It is ideally suited to multi-party disputes because of its informality and flexibility.		Expert determination is particularly suited to valuation disputes or technical issues which can be determined by a technical expert, rather than detailed legal issues. It can also be used for issues such as rent reviews, insurance wording disputes, fitness for purpose, and boundary disputes. It is ideally suited to multi-party disputes because of its informality and flexibility.

−	The expert is someone who has been agreed by the parties to ~~be such~~. The person can be agreed prior to a dispute arising, or can be appointed by the relevant institute or association ~~that~~ the expert represents.	+	The expert is someone who has been agreed by the parties to act in that capacity. The person can be agreed prior to a dispute arising, or can be appointed by the relevant institute or association which the expert represents.

	A lawyer may be appointed as the expert, or ‘expert tribunals’ can be formed consisting of one lawyer and one expert, typically with the lawyer having the final say. This is particularly useful where there is a mixture of technical and legal issues to resolve.		A lawyer may be appointed as the expert, or ‘expert tribunals’ can be formed consisting of one lawyer and one expert, typically with the lawyer having the final say. This is particularly useful where there is a mixture of technical and legal issues to resolve.
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	* It is a confidential procedure which is less adversarial and helps parties maintain a working relationship.		* It is a confidential procedure which is less adversarial and helps parties maintain a working relationship.
−	* It provides a cost and time efficient solution for resolving disputes.	+	* It provides a cost- and time-efficient solution for resolving disputes.
−	* The procedures are controlled by the parties rather than a court or arbitration rules.	+	* The procedures are controlled by the parties rather than by a court or arbitration rules.
	* Unless otherwise agreed, the outcome is final and binding on the parties.		* Unless otherwise agreed, the outcome is final and binding on the parties.
	* An expert can be appointed who is familiar with the technical issues.		* An expert can be appointed who is familiar with the technical issues.
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	In England and Wales, an expert’s determination can be enforced in legal proceedings. Courts in other jurisdictions however, may not readily enforce an expert’s determination, and therefore disputes arising out of some international contracts may be better resolved by another dispute resolution method.		In England and Wales, an expert’s determination can be enforced in legal proceedings. Courts in other jurisdictions however, may not readily enforce an expert’s determination, and therefore disputes arising out of some international contracts may be better resolved by another dispute resolution method.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Adjudication.		* Adjudication.
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	* Zone of possible agreement.		* Zone of possible agreement.

−	=== External resources ===	+	= External resources =

	* CEDR - [https://www.cedr.com/solve/expert/ Expert determination]		* CEDR - [https://www.cedr.com/solve/expert/ Expert determination]

Editor at 15:24, 26 September 2017

2017-09-26T15:24:13Z

← Older revision		Revision as of 15:24, 26 September 2017
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	* Mediation.		* Mediation.
	* Negotiation techniques.		* Negotiation techniques.
		+	* Zone of possible agreement.

	=== External resources ===		=== External resources ===

Editor at 16:15, 22 June 2017

2017-06-22T16:15:47Z

← Older revision		Revision as of 16:15, 22 June 2017
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	* Contract negotiation.		* Contract negotiation.
	* Dispute resolution boards.		* Dispute resolution boards.
		+	* Expert evaluation.
	* Expert witness.		* Expert witness.
	* Litigation.		* Litigation.

Editor at 16:00, 19 June 2017

2017-06-19T16:00:08Z

← Older revision		Revision as of 16:00, 19 June 2017
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−	Expert determination~~, also known as expert evaluation,~~ is a form of alternative dispute resolution in which an independent third party who is an expert in the subject to be considered is appointed to decide the dispute. The expert’s decision is binding on the parties, unless the parties agree otherwise at the outset.	+	Expert determination is a form of alternative dispute resolution in which an independent third party who is an expert in the subject to be considered is appointed to decide the dispute. The expert’s decision is binding on the parties, unless the parties agree otherwise at the outset.

	Expert determination is particularly suited to valuation disputes or technical issues which can be determined by a technical expert, rather than detailed legal issues. It can also be used for issues such as rent reviews, insurance wording disputes, fitness for purpose, and boundary disputes. It is ideally suited to multi-party disputes because of its informality and flexibility.		Expert determination is particularly suited to valuation disputes or technical issues which can be determined by a technical expert, rather than detailed legal issues. It can also be used for issues such as rent reviews, insurance wording disputes, fitness for purpose, and boundary disputes. It is ideally suited to multi-party disputes because of its informality and flexibility.

Editor at 15:56, 19 June 2017

2017-06-19T15:56:42Z

← Older revision		Revision as of 15:56, 19 June 2017
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−	Expert determination is a form of alternative dispute resolution in which an independent third party who is an expert in the subject to be considered is appointed to decide the dispute. The expert’s decision is binding on the parties, unless the parties agree otherwise at the outset.	+	Expert determination, also known as expert evaluation, is a form of alternative dispute resolution in which an independent third party who is an expert in the subject to be considered is appointed to decide the dispute. The expert’s decision is binding on the parties, unless the parties agree otherwise at the outset.

	Expert determination is particularly suited to valuation disputes or technical issues which can be determined by a technical expert, rather than detailed legal issues. It can also be used for issues such as rent reviews, insurance wording disputes, fitness for purpose, and boundary disputes. It is ideally suited to multi-party disputes because of its informality and flexibility.		Expert determination is particularly suited to valuation disputes or technical issues which can be determined by a technical expert, rather than detailed legal issues. It can also be used for issues such as rent reviews, insurance wording disputes, fitness for purpose, and boundary disputes. It is ideally suited to multi-party disputes because of its informality and flexibility.

Editor at 13:47, 20 December 2016

2016-12-20T13:47:27Z

← Older revision		Revision as of 13:47, 20 December 2016
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	* Litigation.		* Litigation.
	* Mediation.		* Mediation.
		+	* Negotiation techniques.

	=== External resources ===		=== External resources ===

← Older revision		Revision as of 06:00, 18 October 2019
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	{\|		{\|
−	\| [[File:~~Meeting man~~.jpg]]	+	\| [[File:Meeting_man.jpg\|link=File:Meeting_man.jpg]]
	\|}		\|}

	Expert determination is a form of alternative dispute resolution in which an independent third party who is an expert in the subject to be considered is appointed to decide the dispute. The expert’s decision is binding on the parties, unless the parties agree otherwise at the outset.		Expert determination is a form of alternative dispute resolution in which an independent third party who is an expert in the subject to be considered is appointed to decide the dispute. The expert’s decision is binding on the parties, unless the parties agree otherwise at the outset.

−	Expert determination is particularly suited to valuation disputes or technical issues which can be determined by a technical expert, rather than detailed legal issues. It can also be used for issues such as rent reviews, insurance wording disputes, ~~fitness for purpose, and~~ boundary disputes. It is ideally suited to multi-party disputes because of its informality and flexibility.	+	Expert determination is particularly suited to valuation disputes or technical issues which can be determined by a technical expert, rather than detailed legal issues. It can also be used for issues such as rent reviews, insurance wording disputes, boundary disputes and so on. It is ideally suited to multi-party disputes because of its informality and flexibility.

−	The expert is someone ~~who has been agreed by~~ the parties to act in that capacity. ~~The person~~ can be ~~agreed~~ prior to a dispute arising, or can be appointed by the relevant institute or association ~~which~~ the expert ~~represents~~.	+	The expert is someone the parties agree can act in that capacity. They can be selected prior to a dispute arising, or can be appointed by the relevant institute or association of the expert.

	A lawyer may be appointed as the expert, or ‘expert tribunals’ can be formed consisting of one lawyer and one expert, typically with the lawyer having the final say. This is particularly useful where there is a mixture of technical and legal issues to resolve.		A lawyer may be appointed as the expert, or ‘expert tribunals’ can be formed consisting of one lawyer and one expert, typically with the lawyer having the final say. This is particularly useful where there is a mixture of technical and legal issues to resolve.
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	Expert determination is generally simpler and cheaper than arbitration or court proceedings, and can be used as a short cut to a binding decision. Unlike arbitration, the expert does not need to refer back to the parties before making the decision.		Expert determination is generally simpler and cheaper than arbitration or court proceedings, and can be used as a short cut to a binding decision. Unlike arbitration, the expert does not need to refer back to the parties before making the decision.

−	Expert determination may be written into the parties’ contract as a means of resolving any disputes, or it may be used to resolve an existing dispute in preference to the system set out in the contract. It is often used in conjunction with another dispute resolution system, such as mediation. The parties are able to resolve parts of a dispute about which they would prefer not to mediate, thereby reducing the time taken and costs.	+	Expert determination may be written into the parties’ contract as a means of resolving any disputes, or it may be used to resolve an existing dispute in preference to the system set out in the contract. It is often used in conjunction with another dispute resolution system, such as mediation. The parties are able to resolve parts of the dispute about which they would prefer not to mediate, thereby reducing the time taken and costs.

	Some of the advantages of using expert determination include:		Some of the advantages of using expert determination include:

−	* It is a confidential procedure which is less adversarial and helps parties maintain a working relationship.	+	* It is a confidential procedure which is less adversarial and helps parties maintain a good working relationship.
	* It provides a cost- and time-efficient solution for resolving disputes.		* It provides a cost- and time-efficient solution for resolving disputes.
	* The procedures are controlled by the parties rather than by a court or arbitration rules.		* The procedures are controlled by the parties rather than by a court or arbitration rules.
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	* An expert can be appointed who is familiar with the technical issues.		* An expert can be appointed who is familiar with the technical issues.

−	In England and Wales, an ~~expert’s~~ determination can be enforced in legal proceedings. Courts in other jurisdictions however, may not readily enforce an expert’s determination, and therefore disputes arising out of some international contracts may be better resolved by another dispute resolution method.	+	In England and Wales, an expert's determination can be enforced in legal proceedings. Courts in other jurisdictions however, may not readily enforce an expert’s determination, and therefore disputes arising out of some international contracts may be better resolved by another dispute resolution method.

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =