Role players

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