header-logo header-logo

25 October 2007 / Baria Ahmed
Issue: 7294 / Categories: Features , Expert Witness , ADR
printer mail-detail

Role players

Baria Ahmed looks at the many functions the expert can fulfil in ADR

A  potential expert in alternative dispute resolution (ADR) may adopt a range of roles: an expert consultant may form part of the advocacy team; a party retained expert may provide an opinion on the instructing party’s position; the parties may instruct a neutral expert, appointed through an independent body such as the Royal Institute of British Architects, chosen by the parties jointly or appointed by the mediator or arbitrator; finally, the appointed mediator or arbitrator may themselves be an independent expert in light of their experience in the subject matter of the dispute. In the case of Early Neutral Evaluations and Expert Determinations, the neutral expert is tasked with providing either an “opinion” on the applicable law or a “decision” on the facts.

Wearing different hats

ADR processes, however, permit a non-traditional use of experts. The mediator, for example, may request that the expert makes a presentation of their views with all other participants present, or bring the parties’ retained experts

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll