::FAQ's

Click on a button below to review the frequently asked questions for that topic.

Mediation Arbitration Expert Appraisal

Expert Appraisal

How do I know when expert appraisal would assist?

Negotiations often reach the stage where an impasse is reached over a specific issue or range of specific issues. Issues such as the value of a property, or the asset value of a corporate entity may create that impasse; or it may be due to one of the parties falsely believing that their case is “watertight” and the other extremely weak.

Both parties want to circumvent the time consuming procedure of protracted negotiations and want to get an unbiased, expert opinion of their respective circumstances.

In all of these instances, and more, expert appraisal may assist. Even though the appraisal made is not binding it is often very persuasive because of the expert’s reputation in that particular area.

What does an expert do that is helpful?

Inspires confidence in the parties concerning his or her ultimate opinion;
Provides an unbiased expert opinion to both of the parties at the same time;
Aids the settlement of the dispute and reduces time;
Clarifies one or more issues of the dispute that then allows parties to break the deadlock and to continue with their negotiations.

What is the expert appraisal process at PDRC?

Once PDRC has assessed whether the dispute is one that is suitable for expert appraisal both parties are interviewed individually and the process and costs structure are explained.

The format of the process will vary depending on the expert.

It is not uncommon for parties to submit documents to the expert and for a decision to be made, in an agreed time frame, based on those documents. The process will be agreed from case to case.

PDRC strongly recommends that all parties obtain preliminary independent legal advice in any event.

The Expert has no binding powers but is usually very persuasive.

What about the cost of expert appraisal?

The cost of an expert appraisal is a direct consequence of who the expert is.

Each practitioner will have their own fee schedules depending on their seniority and expertise within their profession.

Details as to costs will be clearly outlined in writing before the process begins so that you are able to make an informed decision about whether to proceed.

Why should I use expert appraisal?

Because the outcome of a trial before a judge is not certain;
Because the state of the law is not always predictable;
In a dispute where there are conflicting opinions it is a pragmatic decision to jointly seek the opinion of one expert that both parties respect.
It could avoid a protracted negotiation by obtaining one possible outcome to the dispute.

When can expert appraisal be used?

When parties have reached an impasse in negotiations over factual or legal issues;
Prior to filing trial documents (avoiding costs to both parties);
After the Discovery stage of the litigation process;
At any other point in the dispute.

What types of disputes may be appropriate for expert appraisal?

There is a wide range of conflicts that expert appraisal may help to resolve amicably.

Agricultural disputes
Breach of Contract
Business and Consumer complaints
Commercial disputes
Community issues
Construction disputes
Contact/Residence issues or Parenting Plans
Divorce/separation issues
Family issues
Interpersonal Disputes
Landlord/Tenant Problems
Neighbor/Neighbor Conflicts
Neighborhood disputes
Personal/Real Property Issues
Restitution for Damages
Many More.

What are the benefits of expert appraisal?

Prevention of escalation of disputes;
Decrease of parties’ potential legal costs;

The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult a lawyer for individual advice regarding your own situation.