Expert evaluation of disputes - Revision history

Designing Buildings at 08:12, 30 December 2020

2020-12-30T08:12:12Z

← Older revision		Revision as of 08:12, 30 December 2020
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	* ‘Avoiding & Resolving Disputes’ – KAVANAGH, B., RIBA Publishing (2017).		* ‘Avoiding & Resolving Disputes’ – KAVANAGH, B., RIBA Publishing (2017).

−	[[Category:Appointments]] [[Category:Client_procedures]] [[Category:Roles_/_services]]	+	[[Category:DCN_Commentary]] [[Category:DCN_Guidance]] [[Category:Appointments]] [[Category:Client_procedures]] [[Category:Roles_/_services]]

Designing Buildings: moved Expert evaluation to Expert evaluation of disputes

2018-02-15T17:17:46Z

moved Expert evaluation to Expert evaluation of disputes

← Older revision

Revision as of 17:17, 15 February 2018

Designing Buildings at 08:57, 12 October 2017

2017-10-12T08:57:41Z

← Older revision		Revision as of 08:57, 12 October 2017
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	* Construction disputes.		* Construction disputes.
	* Contract negotiation.		* Contract negotiation.
		+	* Dispute resolution.
	* Dispute resolution board.		* Dispute resolution board.
	* Expert determination.		* Expert determination.

Designing Buildings at 14:49, 26 June 2017

2017-06-26T14:49:55Z

Editor: Created page with "Expert evaluation is where a neutral third party, with relevant expertise and experience, provides an objective and impartial evaluation of both sides of a dispute. The evaluatio..."

2017-06-22T16:12:57Z

Created page with "Expert evaluation is where a neutral third party, with relevant expertise and experience, provides an objective and impartial evaluation of both sides of a dispute. The evaluatio..."

New page

Expert evaluation is where a neutral third party, with relevant expertise and experience, provides an objective and impartial evaluation of both sides of a dispute. The evaluation provided is not binding on the parties; however, it can serve as valuable assistance in terms of settlement negotiation and moving forwards.

The typical process of expert evaluation involves an independent expert fulfilling the following tasks:

* Reviewing both parties’ arguments.
* Reviewing any relevant documents.
* Evaluate the strengths and weaknesses of both parties’ arguments.
* Assess what the likely outcome of any third party determination would be.
* Inform both parties of the assessment and advise them on going forwards.

Having this independent expert present his views on the matter, enables the parties to enter, or conclude, formal negotiations with a proper understanding, both of the issues and the risks involved of taking the matter to a third party determination.

Expert evaluation is the most suitable cause of action to take in the following circumstances:

* Where parties are already involved in informal discussions and find progress difficult due to uncertainty over a certain issue outside their expertise.
* Where the matters that are in dispute are largely technical in nature.
* Where the relationship between the two parties has not broken down entirely.
* Where both parties wish to conclude the matter and move forwards.

When approaching expert evaluation there are certain basic requirements that the parties must have. These include:

* Joint understanding that the negotiations have hit difficulties and stalled as a result.
* A willingness to resolve the matter.
* Agreement on the use of an expert.
* Identification of the type of expert required.
* Agreement on the identity of the expert.

The relevant professional institute can help identify an appropriate expert to approach, as can a specialist institute such as the Chartered Institute of Arbitrators (CIAB).

When initially approaching an expert, the following may be required in order for them to provide an evaluation:

* Both parties to agree to joint and several liability for the expert’s fee.
* Description of the negotiation in question.
* Description of the matter on which the expert is required to provide an evaluation.
* The necessary timescale.

Advantages of expert evaluation include:

* Can help make the parties think more realistically about the negotiations.
* An understanding of previously unclear or ambiguous issues.
* An understanding of the risks associated with third party determination.

Disadvantages of expert evaluation include:

* The independent expert is likely to change a relatively high rate.
* Finding an independent expert that both parties find acceptable.
* Both parties may find the evaluation unacceptable and therefore unhelpful in moving the negotiations forward.

= Find out more =

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

* Adjudication.
* Alternative dispute resolution.
* Arbitration.
* Construction disputes.
* Contract negotiation.
* Dispute resolution board.
* Expert determination.
* Expert witness.
* Mediation.
* Negotiation techniques.

=== External resources ===

* ‘Avoiding & Resolving Disputes’ – KAVANAGH, B., RIBA Publishing (2017).

[[Category:Appointments]] [[Category:Client_procedures]] [[Category:Roles_/_services]]

← Older revision		Revision as of 14:49, 26 June 2017
Line 1:		Line 1:
−	Expert evaluation is where a neutral third party, with relevant expertise and experience, provides an objective and impartial evaluation of both sides of a dispute. The evaluation provided is not binding on the parties; however, it can ~~serve as~~ valuable assistance in ~~terms of settlement negotiation~~ and moving forwards.	+	Expert evaluation is where a neutral third party, with relevant expertise and experience, provides an objective and impartial evaluation of both sides of a dispute. The evaluation provided is not binding on the parties; however, it can provide valuable assistance in settling disputes and moving forwards.

−	The typical process ~~of expert evaluation~~ involves ~~an independent expert fulfilling the following tasks~~:	+	The typical process adopted involves:

	* Reviewing both parties’ arguments.		* Reviewing both parties’ arguments.
	* Reviewing any relevant documents.		* Reviewing any relevant documents.
−	* ~~Evaluate~~ the strengths and weaknesses of both parties’ arguments.	+	* Evaluating the strengths and weaknesses of both parties’ arguments.
−	* ~~Assess~~ what the likely outcome of any third party determination ~~would be~~.	+	* Considering what the likely outcome would be of any third party determination.
−	* ~~Inform~~ both parties of the assessment and ~~advise~~ them ~~on going~~ forwards.	+	* Informing both parties of the assessment and advising them how to move forwards.

−	Having this independent expert ~~present his views on the matter, enables~~ the parties to enter, or conclude, formal negotiations with a proper understanding, both of the issues and the risks involved of taking the matter to a third party determination.	+	Having this independent expert view can help the parties to enter, or conclude, formal negotiations with a proper understanding, both of the issues and the risks involved of taking the matter to a third party determination.

−	Expert evaluation ~~is the most~~ suitable ~~cause of action to take in the following circumstances~~:	+	Expert evaluation may be suitable:

−	* Where parties are already involved in informal discussions and find progress difficult due to uncertainty over ~~a certain~~ issue outside their expertise.	+	* Where the parties are already involved in informal discussions and find progress difficult due to uncertainty over an issue outside of their expertise.
−	* Where the matters ~~that are~~ in dispute are largely technical in nature.	+	* Where the matters in dispute are largely technical in nature.
−	* Where the relationship between the two parties has not broken down ~~entirely~~.	+	* Where the relationship between the two parties has not broken down.
	* Where both parties wish to conclude the matter and move forwards.		* Where both parties wish to conclude the matter and move forwards.

−	When ~~approaching~~ expert evaluation ~~there are certain basic requirements that~~ the parties ~~must~~ have~~. These include~~:	+	When considering expert evaluation the parties should have:

−	* Joint understanding that the negotiations have hit difficulties and stalled ~~as a result~~.	+	* Joint understanding that the negotiations have hit difficulties and stalled.
	* A willingness to resolve the matter.		* A willingness to resolve the matter.
	* Agreement on the use of an expert.		* Agreement on the use of an expert.
Line 26:		Line 26:
	* Agreement on the identity of the expert.		* Agreement on the identity of the expert.

−	~~The relevant professional institute~~ can help identify an appropriate expert to approach, as can a specialist institute such as the Chartered Institute of Arbitrators (CIAB).	+	Professional institutes can help identify an appropriate expert to approach, as can a specialist institute such as the Chartered Institute of Arbitrators (CIAB).

−	When initially approaching an expert, the ~~following may be required in order for them to provide an evaluation~~:	+	When initially approaching an expert, the parties should:

−	* ~~Both parties to agree~~ to joint and several liability for the expert’s fee.	+	* Agree to joint and several liability for the expert’s fee.
−	* ~~Description~~ of the negotiation in question.	+	* Provide a description of the negotiation in question.
−	* ~~Description~~ of the matter on which the expert is required to provide an evaluation.	+	* Provide a description of the matter on which the expert is required to provide an evaluation.
−	* ~~The~~ necessary timescale.	+	* Outline the necessary timescale.

−	~~Advantages~~ of expert evaluation include:	+	The advantages of expert evaluation include:

−	* ~~Can help~~ make the parties think more realistically about the negotiations.	+	* Helping make the parties think more realistically about the negotiations.
−	* An understanding of previously ~~unclear~~ or ambiguous issues.	+	* Providing an understanding of previously difficult or ambiguous issues.
−	* An understanding of the risks associated with third party determination.	+	* Provide an understanding of the risks associated with third party determination.

−	~~Disadvantages~~ of expert evaluation include:	+	The disadvantages of expert evaluation include:

−	* The independent expert is likely to change a ~~relatively high rate~~.	+	* The independent expert is likely to change a significant fee.
−	* Finding an independent expert that both parties find acceptable.	+	* Finding an independent expert that both parties find acceptable can be difficult.
	* Both parties may find the evaluation unacceptable and therefore unhelpful in moving the negotiations forward.		* Both parties may find the evaluation unacceptable and therefore unhelpful in moving the negotiations forward.