Expert Opinion (Non-Binding) with Resolution Pathways

What is it?

Expert View (Non-binding) constitutes a non-binding evaluation made for the participants jointly, by a person with expertise in the areas that are outstanding between the participants as outlined in a terms of reference document.

The expert is a person with specialist knowledge of the subject matter of the dispute, who can use that expertise to provide the participants with a view. This can be provided as part of another process (negotiation / mediation) or as a stand-alone option.

Who is involved?

All the stakeholders who need to be bound by a decision in order to solve the issue.

The process for an expert opinion is decided by the expert and will vary depending on the subject matter. Participants can represent themselves or bring a friend, lawyer, or other support person. The expert will provide them with a report that sets out his/her view.

What does resolution look like?

A non-binding process provides the stakeholders with a proposal. The stakeholders will need to use this to negotiate / agree on a path forward. If the matter is resolved as a result of the evaluation and subsequent discussion then this can be documented in an appropriate format.

What if the matter is not resolved?

If the matter is not resolved, the resolution facilitator can assist in exploring alternative ways of resolving the issues. The participants can decide on whether the expert view forms part of any further step.

Sample agreements

It is important that everyone knows what to expect. This will allow participants to adequately prepare, to know their rights and maximise the chances of everyone feeling satisfied with the process.

The agreement sets out the legal rights in plain English – these are important to understand. The Resolution Facilitator is also available to explain the process and the terms of the agreement.

Click here to view a sample Expert Opinion agreement for 1 expert, and here for 2 experts. These agreements may be varied depending upon the individual circumstances of each dispute.

Up to 4 months

Up to 4 months

5-10 days to appoint an expert from initial contact and chat.

Often parties need to consult internally for approval given that expert powers are much more extensive than with facilitated processes.

3-4 weeks from appointment of expert for signing of the expert agreement and exchange of documentation and submissions.

Paid portion approximately 2-3 days assuming no need to write a decision.

Note: This is based on the size of these matters requiring experts with more than 1 field of expertise.