Expert determination involves the parties appointing an independent expert in the subject matter of the dispute to resolve the matter. Parties may pursue this method of dispute resolution for a few key reasons.
Firstly, an expert’s knowledge and experience relating to the relevant subject matter may place them in a better position than a judge to make an informed decision on the facts.
In addition, discussions can remain private, proceedings tend to be quicker and cheaper than litigation, and the parties can agree in advance to be legally bound by the expert’s decision (however, if they do not agree to be legally bound, there is no guarantee that they will resolve their dispute, meaning the procedure could be a waste of time and money).