Expert evaluation of disputes

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 adopted involves:

• Reviewing both parties’ arguments.
• Reviewing any relevant documents.
• Evaluating the strengths and weaknesses of both parties’ arguments.
• Considering what the likely outcome would be of any third party determination.
• Informing both parties of the assessment and advising them how to move forwards.

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 may be suitable:

• 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 in dispute are largely technical in nature.
• Where the relationship between the two parties has not broken down.
• Where both parties wish to conclude the matter and move forwards.

When considering expert evaluation the parties should have:

• Joint understanding that the negotiations have hit difficulties and stalled.
• 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.

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 parties should:

• Agree to joint and several liability for the expert’s fee.
• Provide a description of the negotiation in question.
• Provide a description of the matter on which the expert is required to provide an evaluation.
• Outline the necessary timescale.

The advantages of expert evaluation include:

• Helping make the parties think more realistically about the negotiations.
• Providing an understanding of previously difficult or ambiguous issues.
• Provide an understanding of the risks associated with third party determination.

The disadvantages of expert evaluation include:

• The independent expert is likely to change a significant fee.
• 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.

[edit] Find out more

[edit] Related articles on Designing Buildings Wiki

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

[edit] External resources

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