Resolving Disputes by Expert Determination

Increasingly we are seeing insurance policies and construction agreements that call for disputes to be resolved by a technical expert – such as an architect or engineer.  This technical expert is charged with the responsibility to review project details and make decisions that will bind the parties.  Known as expert determination, the use of technical experts to decide disputes can help streamline the dispute resolution process.  But, what happens when one party refuses to follow the expert’s decision or the parties cannot agree on what facts and documents the expert should consider in making a decision? Florida law does not provide clear answers about how courts should treat the decisions of experts.  Shumaker attorney Brian Willis takes a detailed look at these issues and more in his article “Resolving Disputes by Expert Determination: What Happens When Parties Select Appraisers, Accountants, or Other Technical Experts to Decide Disputes,” The Florida Bar Journal (Vol. 91, No. 7).

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