Expert Determination

Expert determination is a process whereby parties agree to refer one or more issues or disputes to an expert for determination. It can be binding or non-binding and final or subject to rights of appeal or review.  It is not a reference out from Court nor is it arbitration.  The adoption of expert determination is a consensual process by which the parties agree to take defined steps in resolving disputes. While the rules and guidelines for an expert determination may vary, what expert determinations have in common is that they provide a contractual process by which a dispute or disputes may be resolved.