Mediator-and Arbitrator-Retained Experts In Construction Or Business Disputes

Construction and business disputes often present complex issues that the mediator or arbitrator must understand to help settle the case or reach an informed arbitration decision. In order to help in this process, the neutral may elect to obtain the assistance of an independent expert or technical advisor in understanding certain issues and reaching a decision. Such an expert should take steps to address due process considerations and help all parties understand the scope of their involvement in the case.

This article will discuss best practices for neutrals retaining their own experts.

Mediator-Retained Expert

In a complex construction or business dispute, the parties often retain experts to opine on the strengths of their cases. The mediator then weighs these expert opinions. In such cases, the mediator may consider retaining a neutral expert to provide unbiased opinions on the positions raised by the parties' experts and offer the parties an independent