FAQ About Resolving A Dispute Via Expert Determination

Are you being asked to pay a company that hired you to provide internet technology (IT) services? If the company claims that your services led to a big security breach because of something you did wrong, it is wise to take the dispute seriously. You can end up getting sued for a large sum of money if your innocence cannot be proven. You might want to ask the company if they are willing to settle the dispute via a method known as expert determination. This article covers some of the general things that you should know about expert determination.

Who Can Be Considered as an Expert?

If the company agrees to settle the dispute via expert determination, both of you can decide who the expert will be. If you have any experts in mind, simply write then down on paper so the other party can give each of them some consideration. The company can also inform you of who they believe will make the most reliable expert. Once an agreement has been made, the expert chosen for the dispute cannot be replaced later on in the process.

When Does Evidence Have to Be Presented?

Unlike settling a dispute through court or mediation, there will not be many chances to give the expert additional evidence. He or she will basically make a decision based on the initial evidence that you and the other party provides. Additional evidence might not be permitted because it can lead to the dispute becoming more complicated, which defeats the purpose of hiring an expert witness.

Will the Outcome Be Legally Binding?

Once the expert has made a decision on the matter, it will be legally binding. All parties involved must abide by the decision and move on. If the expert determines that you neglected to provide IT assistance in a way that prevents a security breach, you might be asked to pay the other company. The amount of money that you will have to pay in such a case is solely up to the expert.

Can the Decision Be Contested in Court?

It is difficult to contest a decision that was made via the expert determination method of resolving a dispute. The contract prohibits the parties involved from going to court. However, if an error or mistake was obviously made by the expert, it is enough reason to take the dispute to court for the opinion of a judge.