Text Box: Expert Determination is typically either conducted in accordance with the provisions of the Institute of Arbitrators and Mediators Australia Expert Determination Rules or some alternative rules agreed by the parties.

Arbitrators, Adjudicators, Conciliators, Mediators, Negotiators

Alternative Dispute Resolution Services Pty Ltd

Expert Services

What services can experts provide?

Experts are available to provide either expert reports or opinions or alternatively experts can undertake an expert determination, expert determinations can be either binding or non-binding depending on the agreement between the parties.

Expert determination is a confidential process in which the parties to a dispute identify the disputed issues and make submissions on those issues to an expert for determination.

 
Text Box: When should expert determination? Because it is likely to be quicker and more cost-effective than the more formal processes of arbitration or litigation, expert determination should be considered as early as possible after a dispute has arisen. Expert determination is a flexible alternative procedure for the resolution of disputes based upon the decision of an independent third party: the Expert. The disputants agree beforehand to be bound by the decisions of an independent expert. It is often the quickest and most effective way of resolving disputes which are relatively simple in content or are essentially technical in nature. The role of the expert can be summarised as follows: The Expert shall determine the Dispute as an expert in accordance with these Rules and according to law. The parties agree that: a. the Expert is not an arbitrator of the matters in dispute and is deemed not to be acting in an arbitral capacity; b. the Process is not an arbitration within the meaning of any statute. 3. The Expert shall adopt procedures suitable to the circumstances of the particular case, avoiding unnecessary delay and expense, so as to provide an expeditious cost-effective and fair means of determining the Dispute. 4. The Expert shall be independent of, and act fairly and impartially as between the parties, giving each party a reasonable opportunity of putting its case and dealing with that of any opposing party, and a reasonable opportunity to make submissions on the conduct of the Process. Text Box:   Specialising in Commercial, Construction Industry, Body Corporate and Workplace Disputes. While our primary services are Arbitration, Adjudication, Conciliation, Mediation and Negotiation we also offer advice and/or services in: Claim Drafting Contract Drafting Contract Administration Superintendent Duties Claim Analysis Training / Workshops Contract Interpretation Procurement Strategies BCIPA Payment Claims BCIPA Payment Schedules BCIPA Adjudication Applications BCIPA Adjudication Responses BCCMA APPLICATIONS BCCMA RESPONSES BCCMA ADVOCACY