The first task is to identify whether the parties need an independent view, a negotiated route or a specialist decision.
USE A NEUTRAL / VALUATION & EARN-OUT
Sometimes the whole dispute is being carried by one number.
Valuation and earn-out disagreements can pull transaction history, accounting, forecasts, performance and relationship strain into a single argument. A Neutral route can help separate the defined value question from everything around it.
The parties may agree on the data but not on how it should be interpreted.
Revenue, costs, forecasts or adjustments may be disputed.
A binding specialist determination is different from an advisory evaluation.
ONE NUMBER / MANY ASSUMPTIONS
A valuation dispute becomes easier to manage when the parties can see which assumptions are actually different.
Neutral Evaluation can provide an independent reference point. Expert Determination can answer a defined delegated question. Mediation can address the wider transaction relationship. The mandate decides which route is appropriate.
RECOGNISE THE PRESSURE
A value dispute usually contains more than one kind of disagreement.
Separate the technical, evidential and relationship layers before choosing the process.
The parties prefer different models, multiples or assumptions.
Revenue, costs, working capital or forecasts are contested.
The argument may involve both results and how the business was operated.
The transaction document leaves room for different interpretations.
Mistrust from the deal or integration now affects every calculation.
VALUE / METHOD / EFFECT
The value question, the method used and the effect of the Neutral's output should each be visible.
A specialist answer can be useful only when everyone understands what question is being answered and what authority the answer carries.
FINANCIAL RECORD
A number becomes meaningful only through the assumptions behind it.
TRANSACTION
Valuation often sits inside a much wider commercial relationship.
Neutral Evaluation can test positions without automatically deciding the outcome.
Expert Determination works best when question, procedure and effect are clear in advance.
Specialist professional input should remain visible where the mandate needs it.
WHAT KIND OF INDEPENDENT HELP IS MISSING?
Choose the route from the authority the parties actually need.
The same valuation question can be evaluated, negotiated or determined depending on the mandate.
LIKELY NEUTRAL ROUTE
Neutral Evaluation
Use a defined outside assessment where the parties want a credible view but retain control over the next decision.
MANDATE DESIGN
A valuation mandate should be narrow enough that the answer can be understood.
The professional route becomes credible when method, information, authority and effect are defined in advance.
Value, adjustment, earn-out, rent, quantum or another defined amount.
Avoid moving valuation reference points.
Define accounts, forecasts, comparables and expert material.
State whether the Neutral chooses, tests or applies a method.
Advisory assessment and specialist determination are different.
Binding effect, finality and review depend on the governing arrangement.
RELATED SITUATIONS
Valuation often appears inside larger ownership and transaction situations.
If the number is not the whole problem, move into the route that reflects the wider relationship.
OWNERSHIP
Shareholder deadlock
When value is part of a wider ownership impasse.
FOUNDERS Founder conflictWhen contribution, equity and future role are also disputed.
JV Joint venture strainWhen value sits inside a continuing venture relationship.
FINANCE Banking & FinanceFor financial-sector context around valuation.
TRANSACTION Corporate & M&AFor transaction and post-closing context.
FROM SITUATION TO PERSON
Find the professional for the defined value question, not simply someone with a senior commercial biography.
The mandate may require valuation, accounting, finance, sector or transaction depth alongside the correct Neutral role.
PROFESSIONAL DISCOVERY
A strong value mandate makes the question, expertise and authority visible before appointment.
THE PERSON
Role fit comes before biography.
Do not search by prestige before the mandate is clear.
Use only the professional context that materially affects fit.
Use the Global Register, then run matter-specific conflict and availability checks.
USE A NEUTRAL
Valuation and earn-out strain should be separated into the number, the method and the decision authority.
Many disputes look numerical but are actually disagreements about definitions, assumptions, accounting treatment, performance evidence or contractual interpretation.
METRIC
What is actually being measured?
Revenue, EBITDA, milestone performance, enterprise value or another metric should be defined before disagreement over the number is addressed.
METHOD
Who decides the methodology?
The parties may need to distinguish accounting method, valuation judgement, legal interpretation and contractual mechanics.
EVIDENCE
What record controls?
Management accounts, audited statements, operational data or expert inputs may have different status under the agreement.
AUTHORITY
What effect should the Neutral output have?
Neutral Evaluation and Expert Determination can carry very different authority, and the engagement should say which one applies.
USE A NEUTRAL
Do not use one expert title to hide several different questions.
A valuation dispute can require specialist valuation expertise, legal interpretation, accounting evidence and a Neutral process in different combinations.
DECISION SEQUENCE
Define the question before choosing the professional.
The best mandate reduces ambiguity before the first calculation is debated.
01
Identify the contractual trigger
Clarify which clause, milestone, formula or adjustment mechanism has produced the issue.
02
Separate interpretation from calculation
A legal or contractual interpretation question may need a different route from the valuation or accounting calculation itself.
03
Choose evaluation or determination deliberately
Use Neutral Evaluation where the parties want an independent reference point and Expert Determination where the agreed framework gives determinative authority.
04
Set the evidence record
Define the documents, assumptions, expert material and factual inputs the Neutral may rely on.
05
State the effect of the output
Say whether the result is advisory, binding, contractually final subject to limited challenge, or another defined status.
USE A NEUTRAL
A Neutral process should not blur specialist authority.
Users should be able to tell whether they are appointing a Neutral, a valuation expert, an accountant or a professional performing more than one separately defined role.
A NEUTRAL CAN HELP WITH
A defined independent valuation process.
- Neutral Evaluation of a bounded question.
- Expert Determination where specialist authority is appropriate.
- Mediation around an earn-out or price dispute.
- A structured evidence record.
- A clear distinction between advisory and determinative output.
THE NEUTRAL SHOULD NOT BECOME
Unstated specialist authority.
- Not automatically the accountant or auditor.
- Not automatically legal counsel.
- Not management.
- Not a valuation expert unless suitably qualified and appointed.
- Not free to rewrite the parties' bargain.
PROFESSIONAL DISCOVERY
Current public professional records
Only currently published professional records are shown.
PUBLIC PROFESSIONAL RECORD / Singapore, Singapore
R. Govin
Arbitrator & Mediator
mediationarbitrationTechnology / IPMaritime
Published record: Graduated in 1988 from the National University of Singapore with a Bachelor of Laws (Hons) Degree, joined the firm Prakash, Gurbani & Chong and continued practice with Gurbani & Co…
PUBLIC PROFESSIONAL RECORD / Sydney, Australia
David Smallbone
Arbitrator & Mediator
mediationarbitrationBanking and Finance
Published record: A highly experienced advocate and effective cross examiner, with or without interpreters, David advises and appears in disputes including fraud, forgeries, contracts, sales, trade practices, real and personal property, landlord…
PUBLIC PROFESSIONAL RECORD / Singapore, Singapore
Shaun Leong
Arbitrator & Mediator
mediationarbitrationBanking and Finance
Published record: Mr Shaun Leong is Counsel of the International Arbitration and Dispute Resolution team with Eversheds Sutherland Harry Elias. Eversheds has 66 offices worldwide, and is ranked the number 2 law…
PUBLIC PROFESSIONAL RECORD / Manhattan, United States
Jean M. Lawler
Arbitrator & Mediator
mediationarbitrationInformationCommunications and TechnologyConstruction
Published record: Ms. Lawler serves as a Neutral in litigated and non-litigated matters. Given her 39+ years as a lawyer - 37 of which were as coverage, litigation and trial counsel, she…
VALUATION & EARN-OUT
Define the number before asking an independent professional to answer for it.
The narrower the value question, the easier it becomes to choose the right authority and professional record.