Resolving disputes

Expert Determination

Choose expert determination when your dispute is technical or specialised and you want an independent expert to make a decision for you.

Looking for an expert determiner?

Search the Resolution Institute dispute resolver directories

As the largest dispute resolution organisation in Australia and Aotearoa New Zealand, Resolution Institute dispute resolver directories let you select a professional expert determiner from a wide and diverse pool. You can filter your search by accreditation, additional skills, areas of practice and regions where expert determiners work. There is no fee to search the directory.

Go to the New Zealand Dispute Resolver Directory Go to the Australian Dispute Resolver Directory

Let us find an expert determiner for you

Through our nomination service, Resolution Institute can find an expert determiner for you. We carefully consider the type of dispute, experience and knowledge required, accreditations or qualifications, location and price point to nominate an expert determiner to match your dispute. A fee applies to use the nomination service.

Complete the online form to use the Resolution Institute nomination service to appoint an expert determiner for you. Then, please submit your payment.

Complete THE ONLINE FORM Submit your payment

Want to use the Resolution Institute Expert Determination Rules?

The Resolution Institute Expert Determination Rules include the requirements for fairness and impartiality, the general duties of the parties, the directions the expert determiner can make about submissions and types of evidence, confidentiality undertakings, meetings, timing of the determination and what it is to contain. The Rules also include a schedule of fees.


Want to insert a expert determination clause into a contract?

When you enter into a contract, make sure you include a dispute resolution clause. Consider referring any dispute that may arise to expert determination, or to a series of dispute resolution types depending on the circumstances and seriousness of the dispute. Ensure that the clause refers to the appropriate Resolution Institute dispute resolution Rules and to Resolution Institute as the nominating body when needed.

Browse our clauses

Why choose expert determination?

Choose expert determination when you want an independent third party, an expert, to decide a technical or specialised issue between the parties.

Expert determination is an informal, fast and effective process that can be used to resolve a wide range of disputes including accounting, share valuations, industrial and construction.

Choose expert determination when you want a process tailored to suit the parties. Parties agree on such elements as whether the determination will be legally binding, extent of confidentiality, scope of matters, process and timing for making submissions and submitting documents and other evidence, the role of experts retained by parties, schedule for and attendance at meetings and so on.

Expert determinations can be voluntary, court ordered or agreed upon in a contract.

What does an expert determiner do?

An expert determiner decides a technical matter, drawing on his or her expertise in the field and basing it on the evidence presented by the parties.

An expert determiner receives submissions, documents and other evidence from each side to reach a decision. At the start of the expert determination process, the expert determiner confirms with parties whether or not the decision will be legally binding, the extent of confidentiality, the steps that the parties will take, the timeframe for submissions, documents and other evidentiary information, whether and when meetings will be held and who will attend. In this way, an expert determiner is able to customise the process to suit the parties and to ensure the necessary evidence is available to make a sound decision.