Better conflicts, Better outcomes, Better world

Expert determination – an overview
Role and scope of determination
Unless the parties subsequently agree otherwise, the role of the expert is to produce abinding determination. The expert determination agreement will state the scope of thedetermination required and whether it shall include reasons.
Procedure
The Procedural directions may deal with any or all of the following:•a timetable for the submission of case summaries and supporting documents to theexpert with copies to the other parties•

whether submissions are to be simultaneous or sequential•

whether there should be one or two rounds of submissions•

whether the expert has the power to call for documents or•whether the expert has the power to award costs•

whether there should be a meeting(s) between the parties.

Unless the parties agree otherwise, the expert may conduct investigations independently of
the parties, and make the determination based on those investigations without reference tothem. Parties should obtain legal advice when embarking on expert determination, but donot strictly need to be legally represented during the procedure.
The expert will conduct the expert determination in accordance with procedural directions
which he/she will seek to agree with the parties. If they cannot be agreed, the expert's
directions will prevail.
At any time before the issue of the determination the parties may agree to refer the disputeto mediation, in accordance with CEDR's Model Mediation Procedure. In that case eachparty notifies the expert and CEDR, and the expert determination is suspended. If thedispute is settle by mediation, the expert determination comes to an end and the parties

Centre for Effective

T: +44 (0)20

Dispute Resolution

W: cedr.com/consumer/

70 Fleet Street

E: @cedr.com

LondonEC4Y 1EU

Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2019

Better conflicts, Better outcomes, Better world
settle the fees and expenses of the expert and of CEDR. If the dispute is not settled bymediation, the expert determination resumes.
Once appointed by CEDR, the expert is responsible for the procedure from then on. Should
the expert be unable to complete the task, CEDR will appoint a substitute expert.
Legal Framework
The expert determination process is private and confidential. The expert, the parties andCEDR will keep the matter entirely confidential except as is required by law.
The expert is independent of the parties, is neutral and impartial, and does not act as adviser
to the parties.
None of the parties will call the expert as a witness or arbitrator in any litigation orarbitration in relation to the dispute and the expert will not act voluntarily in any suchcapacity without the written agreement of all the parties.

CEDR Expert Determination fees
Evaluator’s fees and expenses
Unless the parties agree otherwise, the fees and expenses of the Expert Determination will
be borne by the parties in equal shares.
The expert will be paid fees and expenses. All work done by the expert will be charged at anhourly rate. Rates will vary between experts and will typically fall into the range of £250 to£600 per hour. Please contact your Client Advisor to discuss fees for specific evaluators orcases.
CEDR’s Administration fee for providing this service is £3,000.00+VAT shared equally
between the parties.

Centre for Effective

T: +44 (0)20

Dispute Resolution

W: cedr.com/consumer/

70 Fleet Street

E: @cedr.com

LondonEC4Y 1EU

Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2019

Better conflicts, Better outcomes, Better world
A final account of the fees and expenses will be sent to CEDR when the determination isready for issue and the determination will be released only upon payment by the parties ofany further amounts due.
CEDR professional support and administration
A CEDR Client Advisor will handle all aspects of the Expert Determination arrangements.
These include arranging document exchange, administrating funds, resolving procedural
difficulties and providing support and guidance to the parties and the Expert Determinator
as required.
Pre Expert Determination meeting
A face-to-face meeting with the expert prior to the commencement of the Expert
Determination process can be arranged. This will be charged at the expert’s hourly rate.
Expert Determination Panel
For particularly complex, high value or multi party cases, the use of a panel of experts withdifferent areas of expertise can enhance the Expert Determination process. Please discuss
the suitability of such a panel for your case with one of our Client Advisors. The members ofthe panel will be charged out at their respective hourly rates.

Terms and Conditions
Payment
The fees and expenses will be estimated by CEDR and must be paid to CEDR on account for
the Expert Determination process to commence.
Interim invoices may be raised by CEDR to cover the expert’s fees if the expert requests.
A final account of fees and expenses will be sent to the parties by CEDR when thedetermination is ready for issue to the parties and the evaluation will be released on
payment of amounts due.

Centre for Effective

T: +44 (0)20

Dispute Resolution

W: cedr.com/consumer/

70 Fleet Street

E: @cedr.com

LondonEC4Y 1EU

Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2019

Better conflicts, Better outcomes, Better world
If the parties agree not to proceed with the Expert Determination, CEDR will refund a
proportionate amount of the fees and expenses advanced, depending on the amount ofwork carried out by the expert and CEDR.
Late submission of documents
During the set-up phase of the Expert Determination, the parties will agree with the expert
a timetable for submission of documents. Should a party submit documents late and thiseither substantially inconveniences the expert or requires the expert to prepare over aweekend or public holiday, that party may be charged an extra 25 per cent on the expert’shourly rate.
Courier charges
If documents are provided late, CEDR will often have to send these to the expert and/or
other parties by courier. The cost of the courier will be charged to the party (or parties) whoprovided the late submissions.
Expenses
Related expenses such as room hire, the expert’s travel expenses etc. are not included in theabove rates and are charged at cost.
VAT
All fees are quoted exclusive of VAT.

Centre for Effective

T: +44 (0)20

Dispute Resolution

W: cedr.com/consumer/

70 Fleet Street

E: @cedr.com

LondonEC4Y 1EU

Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2019