Use Of Expert Determination As An ADR Method

Alternate Dispute Resolution (ADR) mechanisms are generally designed to deliver time and cost efficiency, procedural flexibility, and confidentiality. However, one key consideration that is often understated is the degree of confidence the chosen ADR method can provide in achieving a fair and reasonable outcome. Many dispute resolution specialists have experienced utterly unexpected results — outcomes that far exceed their worst- or best-case scenarios. This can sometimes be a function of the ADR mechanism selected.

For example, in adjudication, complex decisions must be made within a short timeframe, which carries a risk of “rough justice” due to the speed of the process. In arbitration, arbitrators are generally expected to act impartially and independently, deliver a reasoned decision, and ensure fairness and transparency. However, in large, multi-disciplinary cases, the risk of misinterpreting complex technical issues by the arbitrator may increase, potentially resulting in an