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Section 6: Expert Determination and Neutral Evaluation
Expert determination
In expert determination, an independent person looks at the case and gives a decision. The person making the decision is usually an expert in the subject of the disagreement. They are chosen jointly by both sides, who agree from the start to be bound by the expert's decision. Expert determination can be best for deciding technical areas of a complex disagreement.
Neutral evaluation
With this option an independent person looks at the claims made by each side and gives their opinion either on:
- what they think the result should be; or
- a particular point of law.
Their opinion is non-binding, so either side can use it to decide what steps they might take next. The opinion can also be the basis for an agreement between both sides.
Neutral evaluation can help work out where the real problem lies, and make both sides think more clearly about results by giving an independent view of the arguments. The evaluator is often chosen because of their expertise in the subject matter of the disagreement. They may also be a solicitor with litigation experience.
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