Expert determination is a form of alternative dispute resolution. RS Forensic is experienced in acting as independent expert where the parties have agreed to resolve a dispute by way of an expert determination rather than taking it to court. In an expert determination, the independent expert is instructed to give an opinion on a specific set of issues within their technical expertise.
RS Forensic has assisted clients with expert determinations in the context of the following types of matters:
- Completion accounts and earn out disputes (sale and purchase agreement)
- Private company share valuations (shareholder agreement / articles of association)
- Termination of employment (where employee has company shares)
During an expert determination process, the parties are required to make a number of submissions to the independent expert, which set out their evidence and arguments in respect of the disputed issues. We use our experience of acting as independent expert to assist our clients with drafting of their submissions to ensure that they address the key points and provide the independent expert with sufficient information to enable them to make their determination.
Typically instructed to provide independent and objective expert witness and advisory services in relation to matters involving owner-managed SME businesses.