Expert Determination is a private dispute resolution process where an independent expert is appointed to decide a specific issue between parties. It is most commonly used where the dispute turns on technical, professional, or valuation questions, rather than wider legal arguments.
Unlike mediation, which helps parties reach their own agreement, Expert Determination results in a decision made by the expert.
It is widely used in commercial, property, construction, shareholder, and professional services disputes across the UK.
When is Expert Determination used?
Expert Determination is particularly suitable where:
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The dispute is narrow and technical (e.g. valuation, pricing, quality, compliance)
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Parties want a fast, confidential decision
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Court proceedings would be disproportionate or costly
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Mediation has resolved most issues but left one point unresolved
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A contract already requires Expert Determination for certain disputes
Common examples include:
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Property rent reviews or development valuations
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Share valuation disputes between business owners
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Construction quality or defect assessments
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Professional fee disputes
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Technical compliance disagreements
While the process can be tailored, it usually follows these steps:
1. Agreement to use Expert Determination
The parties agree to appoint an expert. This may already be set out in a contract, or agreed after a dispute arises (sometimes following mediation).
2. Appointment of the expert
An independent expert is selected based on their subject-matter expertise, not legal training. For example, a surveyor, accountant, engineer, or industry specialist.
3. Defining the question
The parties clearly define the issue the expert is being asked to decide. This step is critical, as it limits the scope of the decision.
4. Submissions and information
Each party provides written submissions and evidence. The expert may ask questions, request documents, or carry out inspections if relevant.
5. The expert’s decision
The expert issues a written determination. Depending on the agreement, this decision is usually final and binding, except in very limited circumstances.
Is Expert Determination legally binding?
In most cases, yes.
Expert Determination is contract-based. If the parties agree that the expert’s decision is binding, the courts will generally enforce it, provided the expert has acted within their authority and followed the agreed process.
It is very difficult to challenge an expert’s decision, even if one party disagrees with the outcome. This certainty is often seen as a benefit.
Expert Determination vs mediation
They are often complementary.
Many disputes resolve through mediation but stall on a single technical issue. In these cases, parties may agree to refer just that issue to Expert Determination, allowing everything else to settle.
Expert Determination vs court or arbitration
Expert Determination is usually:
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Faster than court proceedings
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Less formal than arbitration
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Cheaper than litigation
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Private and confidential
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Decided by a specialist rather than a judge
However, it offers limited appeal rights and is not suitable for disputes requiring extensive legal interpretation or witness examination.
Is Expert Determination right for you?
Expert Determination may be appropriate if:
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You need a clear answer, not a negotiated compromise
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The dispute centres on expertise rather than legal fault
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You want to avoid court but still need finality
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Mediation has helped but not resolved everything
It may not be suitable where:
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The facts are heavily disputed
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Credibility of witnesses is central
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You need injunctions or precedent-setting rulings
Using Expert Determination as part of ADR
Expert Determination sits alongside mediation, negotiation, and other ADR processes. It can be used:
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As a standalone method
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After mediation
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As part of a stepped dispute resolution clause
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To resolve a specific issue while preserving relationships
At the Mediation Agency, we help clients understand whether Expert Determination is appropriate, assist with process design, and work alongside mediation and early resolution services to reach practical outcomes.
If you’re unsure which option fits your situation, an initial discussion can help you choose the most effective route forward.