The Chartered Institute of Arbitrators (CIArb) has launched its Property Disputesment Appoints Service (PDS) in the UK. This service relies on its dispute resolution service and the appointment scheme of presidential committees and provides specialists who assist the parties in dispute in resolving property disputes through arbitration, expert identification, mediation and decision-making. The PDS was created in response to user needs and as an incentive from the courts to reduce the number of property disputes that contribute to the backlog of cases before UK courts. The PDS consists of five panels covering the following topics: one answer may be the identification of experts. Beyond rent verification – which is by far the most frequent use of experts from a statistical point of view – this form of dispute resolution has led to a kind of cinderella in the shadow of more established procedures. (CEDR also provides contractual clauses for placement as well as standard procedural documents for other ADR processes, including expert identification and early neutral assessment.) Expert evaluation is a private process involving an independent technical expert. They make a binding decision on technical and non-legal matters and are empowered to ask questions of the parties before making their decision. While trials take place in public in court, parties to an expert opinion may respect the privacy of their contractual relationship. The private settlement of a dispute may increase the viability of an ongoing business relationship between the parties to the dispute.
Unlike arbitration, the expert finding is not enshrined in law. This can make the process faster and more efficient, but the disadvantage is that the expert`s mission depends entirely on the contract that gives him the power, but which has no residual powers beyond those expressly granted by the parties. For example, an expert cannot call a third witness, even if that witness has essential information to resolve the dispute in question. Unless otherwise provided in the clause or mandate of the expert, the expert is not entitled to award costs. So consider whether you want to give the expert the power to award costs to the losing party and return the fees to an independent underwriter.