J.P. Duffy, partner at Reed Smith.
While parties routinely rely on alternative dispute resolution mechanisms like arbitration and mediation to resolve commercial disputes, in some disputes, full-blown arbitration and its attendant time and cost can be overkill, while non-binding mediation can be insufficient to produce a workable outcome. In those cases where parties need some sort of binding third-party resolution, but do not require a complete arbitration, expert determination can be the right tool for the job.
This article describes the expert determination process under New York law, offers suggestions as to when it can be an appropriate dispute resolution mechanism, and provides tips on drafting expert determination agreements.
