Mark Solon taps into the world of experts’ discussions
The purpose of experts’ discussions is to narrow the issues between the experts, identify the extent of agreement and disagreement (and reasons for the latter), and if any action might be taken to further narrow the areas of disagreement.
There should be an agenda prepared between the parties, the solicitors and experts, which should be agreed in advance.
The agenda should indicate what matters have been agreed and summarise concisely those which are in issue. Arrangements for discussions should be proportionate—in small claims and fast track cases telephone discussions or an exchange of letters should suffice. Lawyers will only be present if all parties agree and, if they are present, it will only be to answer questions from the experts.
From the discussion, there should be a statement of the areas of agreement and disagreement, which should be copied to the parties and to the court. The summary should also indicate where progress might be made on those matters which cannot be agreed.
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