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TN/ROLE/05
Edition 2027 · effective 1 January 2027

Decide · Expert Determination

Who settles this defined question, quickly and finally?

The parties agree to let an independent expert decide a specific, usually technical or financial, question, such as a price adjustment, a valuation, a measurement or a defect. The contract gives the decision its effect.

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§ 01At a glance

Expert Determination, in five facts.

Who decides
The expert decides the defined question.
Outcome
A determination, usually binding by contract on that question only.
Effect
Binding by contract
Typical time
Typically four to eight weeks
Formality
●●●○○

§ 02When it fits

Use it when… and not when…

It fits when

A good fit

Who settles this defined question, quickly and finally?

  • A valuation, earn-out or completion-accounts figure is disputed
  • A technical question blocks a project
  • Speed and expertise matter more than procedure
  • The rest of the relationship works
It does not fit when

Choose another route

Use the least burdensome process that can do the job.

  • When the question is mainly legal or about credibility of witnesses
  • When the scope of what the expert may decide cannot be agreed

§ 03Where it is used

5 situations where Expert Determination is part of the route.

Partner exit at a professional firm01WorkplaceMediation · Expert DeterminationA partner is leaving. Clients, colleagues and capital are all in play.Valuation and earn-out02Ownership & businessExpert Determination · Neutral Evaluation · MediationThe deal closed. The number that was supposed to settle later did not.Payment tension03Projects & contractsNeutral Evaluation · Expert DeterminationWork is done. Payment is not. The supply chain is waiting.Technical interface problem04Projects & contractsExpert Determination · Neutral Evaluation · FacilitationTwo systems, two contractors, one interface that does not work.Technology, data and AI licensing05Cross-borderExpert Determination · Neutral Evaluation · MediationCode, data or a model was licensed. Now the parties disagree about what it may be used for.

§ 04How appointment works

From first call to signed mandate.

Describe the need
Triage & scope
Conflict disclosure
Shortlist
Mandate
Day oneAgreed

A Neutral is shortlisted only after confirming availability and submitting conflict information. Nothing is called conflict-cleared until that disclosure has been reviewed.

§ 05Services and instruments

How TheNeutralsORG™ delivers it.

Services

Expert Determination

Delivered by qualified Neutrals, designed to work under the draft Neutral Practice Standard™.

Model instrument

Expert Determination Terms

Draft it with the clause tool, then have it reviewed by your own lawyer.

§ 06Neighbouring roles

Often confused with…

Expert DeterminationDispute BoardNeutral Chairing
The questionWho settles this defined question, quickly and finally?Who keeps a major project moving when issues arise?Who runs this meeting fairly?
Who decidesThe expert decides the defined question.The board recommends or decides, as the contract sets.The body decides. The chair keeps the process fair.
OutcomeBinding by contractAs the contract sets: recommendation or interim-binding decisionNo substantive authority
Typical timeTypically four to eight weeksFor the life of the projectA single meeting or a standing term