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Expert Determination

Expert determination is an alternative dispute resolution (ADR) process whereby an independent third party, with recognised expertise in the subject matter in dispute between the parties, assists the parties to find a resolution to their dispute.

This process avoids the parties having to go to a Court or Arbitration to have the dispute resolved. Under the Expert Determination process, the Expert conducts the procedure in accordance with the designated rules and if there are no designated rules in accordance with the Law Society of New South Wales Rules for Expert Determination. The Expert then makes a determination which is binding on the parties to the dispute.

The Law Society of New South Wales has developed Rules for Expert Determination to be used in the absence of designated rules. If these Rules are nominated or invoked, the parties to the dispute will be deemed to have agreed to be bound by these Rules.

Download the complete Rules for Expert Determination here.

What does it cost?

Each party to the dispute must initially pay a non-refundable administration fee for the appointment of the expert.

Current fee

Currently there is no fee charged.

New fee (as of 1st January 2011)

$165 (including GST) per party. Requests received prior to 1st January 2011 will not be charged the administration fee.

More information

For more information, including a copy of the Expert Determination Agreement, download the Rules for Expert Determination.