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AT CLAIM EXPERTS

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  • Expert Determination
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Our Process - Expert Determination [ED]

What is Expert Determination (ED)?

 “Expert determination is a determinative process of dispute resolution by which parties to a contract, agreement, or under a court order, jointly engage an independent person to decide an issue between them. Determinations can be binding or non-binding – as determined by the process or by agreement between the parties. The process can be specifically tailored to provide the most appropriate and efficient means to resolve many types of disputes. Expert determiners are chosen for their expertise in the issue or subject matter in dispute between the parties”. (Resolution Institute)


Benefits of Expert as Determination (Resolution Institute)


https://www.resolution.institute/Common/Uploaded%20files/Resolution%20Institute/2024/Expert_Determiner_guide_FINAL_251023.pdf


The ED process briefly:

  

  1. Identification of parties and their representation.
  2. Confirmation of nomination and jurisdiction.
  3. Expert Determination Rules.
  4. Disclosure of any conflicts of interest.
  5. The Notice of Dispute and clarification of issues to be determined.
  6. Identification of any additional issues to be consolidated into the Expert Determination.
  7. Consideration of any objections to the Expert.
  8. Identification of the scope and nature of the issues in dispute.
  9. Timetable for the Expert Determination.
  10. Expert Determination Agreement (EDA), terms of engagement, fees, security      deposit, and expenses.
  11. Assurance that the parties indemnify the Expert and the Nominating Authority.
  12. Finalization of the agenda/minutes and the Expert Determination Agreement.
  13. Enter the reference (i.e., execute EDA).
  14. Setting the timetable for submissions and site inspections.
  15. Decision writing and Expert Determination Award – it can be completed in as fast as      one month.

Our Expert Determiner profile with the Resolution Institute

https://resolution.institute/publicprofile?ContactKey=9D0FC401-B284-403D-B72B-D45FD21D0E6D

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