Expert Determination is a legally binding form of Alternative Dispute Resolution. Parties can choose to allow an independent individual with a demonstrated expertise in the subject matter to resolve the dispute. As with arbitration, expert determination clauses are common practice within certain industries. Alternatively, parties may arrive at an agreement to pursue expert determination at the time of the dispute. Like all forms of ADR, expert determination is an entirely confidential process. 

Expert determination is typically suited to situations involving technical rather factual disputes. Some examples may include:

  • Rent reviews where a determination will usually be by a surveyor acting as an expert;
  • Disputes as to causation, for example, the cause of a medical ailment or other forms of damage;
  • Energy disputes;
  • Energy disputes;
  • Construction disputes;
  • Real property disputes such as boundary disputes or land valuations.

Holding timely expert determination has many benefits:

  • It is cost-effective.
  • It provides for speedy resolution of the dispute compared to litigation or even arbitration.
  • Parties are no longer responsible for decision making.
  • Informal proceedings due to a lack of strict evidential and procedural protocol.
  • Confidential.
  • Parties decide the procedure to be followed by the expert.
  • Provides a conclusive determination to the dispute as parties agree to a binding process without the option of an appeal. 

At Phoenix, we have the expertise to guide our clients in the process of conducting an expert determination. An expert determination requires several matters, such as the choice of expert and the rules applicable to be considered. We, therefore, place utmost importance in providing you with the most suitable options to resolve your dispute. You can use our search engine to immediately choose an appropriate expert, or alternatively contact us for further guidance at