Expert Opinion (Non-Binding)

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 agreement

The Resolution Facilitator is also available to explain the process and the terms of the agreement. Contact the Resolution Facilitator for the expert view sample agreement.

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.

Variable

No fee Disputed amount is less than $10,000.

From $5500 Disputed amount is over $10,000.

Under $10,000

No fee

Over $10,000

Triage and case management costs: $1500 per party

Expert: ~$4000 per day per party (assuming two experts)