Expert Determination

Expert determination may be undertaken at any time in a dispute and is a useful way of obtaining a speedy result and avoiding the costs and pitfalls of litigation. The expert is independent and is chosen on the basis of his or her expertise in the subject matter of the dispute. The determination can deal with all issues in dispute or a specific issue, and is made on the basis of evidence and arguments presented by the participants in the dispute. There is usually no cross-examination or hearing. An expert determination can be binding or non-binding.