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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
back-to-top-scroll