ALTERNATIVE DISPUTE RESOLUTION SOLUTIONS
EXPERT DETERMINATION AND INDEPENDENT OPINIONS
Our Experts ensure that a dispute or a difference between the parties submitted, by agreement of the parties, to them for determination is determined with utmost impartiality. The determination is binding, unless the parties have agreed otherwise.
There are broad circumstances in which individualistic opinion of value and expert ascertainment is necessary, and each different scenario requires specialist knowledge and applying specific skills.
In commercial and investment arbitrations independent opinions are required on the law and quantification of damages.
The need for an objective specialist to value the assets or business is key to many organizations, entities, stakeholders, courts, regulators, and shareholders. The factors and cause of the valuation determines what approach is to be taken by the evaluator to provide an objective opinion. Independent opinion as to valuation in different cases requires specialist knowledge and application of speciﬁc skills. There are a wide range of circumstances in which an independent opinion of value is essential, for instance:
With a commercial dispute, courts require an independent and objective analysis/valuation of disputed assets. Thus, it is vital that such valuation is independent as it is provided at the behest of the court.
With shareholder disputes, shareholders often require an opinion to verify valuations, if an issue of share options occurs, which dilute existing holdings. If a merger occurs or acquisition, the stakeholders often require an objective veriﬁcation of the value of the entities.
We can assist in multiple areas:
- Courts, regulators, shareholders and business will, at different times, all need an objective specialist to value an asset or business. The conditions and motive of the valuation determines the approach that needs to be taken to provide a pertinent opinion
- On the occurrence of a commercial dispute, courts require an independent and objective analysis/valuation of the assets in question. In these situations, an independent opinion is given solely at the desire of the court and total objectivity is vital
- On shareholder disputes, an opinion is often required by shareholders to verify value if an issue of share options occurs which weaken the existing holdings
- If a merger occurs or acquisition an objective affirmation of the values ingrained in a transaction using an exchange of shares must validate that the mechanism in use offers apt Likewise, where an asset is traded-off for an equity share in a business, an independent valuation must display the appropriate value of the contribution in kind
- The services provided ensure adherence to the appropriate level of independence in all circumstances. We may be appointed by the courts and the regulatory authorities to furnish independent, well informed opinions relating to We draw on significant economic and commercial specialization to ensure that our opinions are delivered to the most vigorous standards of objectivity and independence
- Non-executive directors and audit committees bear a serious responsibility for corporate governance, extending to ensuring, that assets are properly valued and that the accounts reflect the fundamental reality of the business
Important characteristics of expert determination are:
- Expert determination is consensual.
- The experts with appropriate expertise are chosen for the dispute from a huge array of experts. The Center makes the election in case no procedure is agreed by the The Center has access to experts with specialized knowledge in a wide range of technical and business areas. This permits the Center to suggest and appoint the appropriate experts for the matter referred to.
- Expert determination is neutral and flexible
- Besides their selection of an expert with qualifications, the parties can select the language and venue of any meetings.
- Subject to clearly defined exceptions, the Centre ensures protection of the confidentiality of the expert determination, any announcements made during that procedure, and the resulting determination.
- The calculation of an expert is binding and as such it has contractual effect between the parties. By party agreement, the determination may be treated as an advice to the parties.
- Expert determination is a flexible procedure
- Expert determination may be used on a free-standing basis or in connection with an arbitration, mediation or court case.
We assist with:
- Providing Expert opinion on laws
- Providing Expert opinion on damages
- Providing Expert opinion on infringement of copy rights and trademarks violations
- Providing services that ensure adherence to the appropriate level of independence in all circumstances.
- Providing experts of impeccable integrity and in-depth knowledge and expertise to serve as independent experts and evaluators.
- Providing objective valuations. To deliver the most robust standards of objectivity, we rely on considerable economic and commercial specialization of our experts.
- Neutral assessment of implementing contract modifications between insurers
- Neutral gauging of matrimonial estate before proceeding for divorce/dissolution
- Neutral evaluation of expert declaration
- Neutral evaluation of corporate board election process
- Neutral appraisal of a lawsuit
- Unbiased investigation
- Mock verbal argument on issues of class certification
- Mock arbitration of power plant construction business?
- Mock bench trial to prepare for litigation in major environmental catastrophe
- Appeal with reference to summary judgment ruling on a class action lawsuit over real estate commissions
We provide multiple Non-binding, Tailored Processes.
The Neutral Analysis include a myriad of non-binding processes allowing parties to retain a neutral for a written or oral evaluation based on merits. This analysis typically involves review of factual and legal positions or evaluating what a likely outcome might be. These processes, are tailored to your needs and can be utilized at any stage of litigation or arbitration, include:
- Pre-file neutral evaluations
- Written case evaluations (brief-based)
- Evaluative summary judgments
- Second opinions
- Mock exercises
Conciliation services lay out revitalized help to those encountering disputes.
There are various conciliation services. Few are provided on an hourly basis, and some are provided on an intensive basis over the course of several days.
Coaching aids one party in conflict take the requisite steps to settle disagreements personally and privately. If the personal and private steps fail, the parties involved in a conflict can ask for mediation to settle their dispute. An intervention is useful when the conflict is widespread, and interventions are mostly a combination of mediation, coaching, consulting services and education.
Where serious harm has occurred and individuals have been victimized, specialized conciliation services, similar to restorative justice practices, are cautiously constructive to serve productively in every distinctive situation.
Despite the service provided, case management makes sure that all logistical issues are handled promptly and efficaciously. The case manager helps the parties in selecting the conciliation team that fits their individual needs, and organizes the pre-mediation preparatory sessions for all parties and non-parties.