Expert Determination is a less known, but formal option for privately resolving technical issues that are in dispute. The parties jointly agree to appoint an expert in the field (for example, an appropriately qualified and experienced engineer or scientist), who then independently reviews the facts and determines an outcome for each one of them. Expert determination is a flexible alternative procedure for the resolution of disputes based upon the decision of an independent third party: the expert.
The participants agree beforehand to be bound by the decisions of the independent expert.
It is often the quickest and most effective way of resolving disputes which are relatively simple in content or are essentially technical in nature. In many cases, Expert Determination can be used to resolve elements of larger disputes, thereby reducing the volume of subject matter which remains open to litigation.