Alternative dispute resolution (ADR) comes in a variety of forms and fundamentally means a process of resolving a dispute other than through litigation or arbitration. Typical forms of ADR include conciliation, mediation, adjudication, and expert determination.
Expert Determination is a dispute resolution process in which an independent expert or experts in the subject matter(s) of the dispute are appointed to resolve the matter(s).
Driver Trett is pleased to announce that Peter Banathy has recently completed the RICS expert determination training programme which was the first of its kind run by the RICS, allowing him to develop further his skills in delivering effective expert determination.
Peter recently contributed an article to the October edition of the Driver Trett Digest, an inhouse publication circulated to over 20,000 people via email, that was entitled ADR: Independent expert determination.
Peter commented:
“I was pleased to have been asked by the Group to contribute to the Digest as I’ve become more aware, certainly across the Middle East, that expert determination has become increasingly more common over the last eighteen months or so. In particular, I have seen a marked increase in the number of ad-hoc expert determination agreements entered into by parties in dispute.”
Expert determination can be, subject to agreement between parties, a very flexible process tailored to suit the nature, size, and complexity of the dispute. The parties usually have the choice of expert undertaking the determination, thus ensuring that the matters are reviewed and determined by an individual who is appropriately qualified in the relevant subject matter. Expert Determination has the benefit of being entirely confidential.
Phil Duggan, Regional Head of Diales in the Middle East said:
“It’s great that Peter has taken the initiative to undertake the RICS training in expert determination. Expert determinations are growing in popularity across the region and Peter's wealth of experience, supported by his training in the subject, will make him an excellent choice of expert to assist parties that proceed down this route to resolve their disputes.”