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ARTICLE · 26 JUNE 2026

Use Of Expert Determination As An ADR Method Part 2: Pros And Cons

Ankura Consulting Group LLC
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Ankura presents a curated collection of expert insights spanning cybersecurity threats, AI-driven joint ventures, dispute resolution mechanisms, and compliance challenges across multiple industries.

CanadaLitigation, Mediation & Arbitration
Ali Fard
Ali Fard

The first article in this series introduced expert determination as an Alternate Dispute Resolution (ADR) mechanism in which parties appoint an independent subject matter expert to issue a binding decision on a dispute. This second article examines its practical application by outlining the key advantages and potential risks, helping parties assess when expert determination is well-suited and when alternative mechanisms may be more appropriate.

When used in the right circumstances, expert determination offers several compelling advantages:

  1. Privacy and Confidentiality: The process is conducted privately, protecting sensitive commercial information.
  2. Deep Technical Expertise: The decision-maker brings specialist knowledge of the subject matter — often exceeding that of the parties involved.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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