Expert determination is quite different from any other method of dispute resolution. In this forum, the expert is appointed based on a person’s knowledge and understanding of the particular issues in dispute in the field in which he/she is an acknowledged expert.
The expert agrees a procedure with both parties and studies the parties’ respective position statements and any documents provided in support. There is usually no provision for the parties to change their position or amend their case during the process. The expert consults with the parties privately, and may consult with them both together, but is under no obligation to do so unless it is made a term of appointment.
In the role of investigator, the expert is required to find the facts and law in relation to the issues in dispute, to make enquiries, perform tests and calculations and to form his or her own opinion and decide upon the merits of the parties’ positions. Depending upon the issues, expert determination can involve extensive research and a hearing, and can take anything from a week to several months.
Given their authority in technical disciplines relevant to projects – from construction and manufacturing to processes and technology – MKC experts have determined disputes across a wide range of industry sectors.