Dispute, Mediation & Expert

Expert Witness / Expert Determination / Expert Adviser

European Marine Services Ltd. in their John Clabburn, MIIMS, YBDSA, Dipl.NA, QDR, AFA, Associate of The Academy of Experts (Marine Surveyor & Consultant), Member - IIMS The International Institute of Marine Surveying & YBDSA Yacht Designers & Surveyors Association - Are pleased to offer the following Expert Witness Services...

Under Civil Procedure Rules (CPR) part 35 & Criminal Procedure Rules (CrPR) part 33
Party Appointed Expert (PAE)
Single Joint Expert (SJE)
Expert Determination (Determiner) & Adviser
ADR Alternative Dispute Resolution -
Mediation Services ~ Register of Qualified Mediators # 320

Expert Witness

EMS are Accredited Expert Witness's & CPR 35 compliant

Party Appointed Expert (PAE): This is the traditional type of Expert used. The PAE may assist his appointer in the preparation of the case. He will normally submit drafts of his report. He will have the benefit of conferences with counsel and meetings with the other side's expert. The expert is appointed by only one of the parties

Single Joint Expert (SJE): The court has the ability to Order that evidence can only be given by a Single Joint Expert. The Order requires the parties to jointly appoint the SJE. He is not appointed by the Court. The expert is appointed and instructed by both of the parties involved in the dispute.

Expert Adviser: The Expert is appointed by one of the parties to advise them in the dispute - this type of Expert is not covered by the Civil Procedure Rules and does not have an overriding duty to the court. An Expert Adviser can also be appointed to assist the parties in the preparation of their case where an SJE has been appointed.

The PAE & SJE have identical duties in court

Both:

Have an overriding duty to the court - Not to the client(s)
Have an obligation to help the court
Have to be impartial and independent
Have duties to the parties who appointed them
Are instructed by those who appoint them
Expert paid equally by the clients who appoint him

Code of Practice / Training Expert Witness - Code of Practice complies with the requirements of EuroExpert (the Organisation for European Expert Associations) and as endorsed by The Master of the Rolls & The President of the Queen's Bench Division

CPR 35 Compliant
Presenting Evidence
Expert's Declaration
Model Form of Expert's Report

We travel Any place at Any time and regularly undertake Expert Witness, Expert Determination & Mediation instructions and marine consultancy in Europe - instructions to date include Irish Republic, France, Italy, Germany, Croatia & Spain

Expert Determination

EMS are Accredited Expert Determiners

Expert Determination (ED) is a dispute resolution process (ADR) in which an independent expert in the subject matter of the dispute, is appointed by the parties to resolve the matter.

As the name suggests is is carried out by an expert in the subject matter rather than by a judge or lawyer

It is not Arbitration, Its is not Adjudication, It is not Conciliation, It is not Mediation, It is not Expert Evaluation

Is essentially a contractually based form of dispute resolution. Unlike some forms of dispute resolution it is not governed by statute nor are its origins found in other parts of the world

The expert's decision is - by prior agreement of the parties - legally binding on the parties. Like all ADR processes it is entirely confidential. Expert determination is ideally suited to contractual matters, disputes and matters of valuation and / or which are primarily dependent on technical issues eg. does the vessel / work match the specification. Is the malfunction due to design or manufacturing fault.

Expert Determination can also be used in many other areas such as fitness for purpose, sale of goods disputes because of its flexibility.

Expert Determination is ideally suited to multi-party disputes

The Expert's Determiner's decision is legally binding. There is only a very limited basis to challenge the determination. It is therefore important that the parties select an expert with both relevant expertise and experience in addition to knowledge of the Determination process

The Academy of Experts standard set of Rules for Expert Determination (2023) being strongly recommended. Similarly you will need to agree the terms of the Expert's appointment

Summary:

Expert Determination provides Cost Efficient Resolution for disputes and problems
Expert Determination is confidential and very private
The parties control the procedures to be used
The process is quick and a mutually acceptable timetable can be set by the parties
Matters are determined by an Expert
The outcome is final and (normally) binding , unless otherwise agreed in advance
Expert Determination is controlled by the parties, not court or arbitration rules
Expert Determination is inexpensive & quick
Expert Determination Works

It is simply the law of contract. If two parties agree that the price of the vessel or contract or work done or repairs carried out etc etc, should be fixed by an expert determiner on whom they both agree, and he gives that valuation (decision) honestly and in good faith, the parties are bound by it

Expert Adviser

You may not need a full report - just some advice, expert opinion or guidance on a particular problem or assistance with such as a disputed account from a repairer or boat builder etc. You may need advice in support of threatened or proposed litigation - EMS can talk for you.

European Marine will provide verbal or written advice - no matter how small the issue The combination of our marine experience and exposure to both DIY and professional standards, combined with our training.

Qualifications and expertise makes European Marine ideal 'Experts' for providing Expert Witness Reports and Valuations. And acting as Expert Advisers and undertaking Economic - Alternative Dispute Resolution (ADR) & Mediation

Call us to discuss in more detail - All discussions are in the strictest confidence - and without any obligation

EMS are your marine surveyors for the Norfolk Broads, Suffolk, Essex, Cambridgeshire, Lincolnshire & East Anglia UK. We travel Any place at Any time and regularly accept Expert Witness, Expert Determination & Mediation instructions and marine consultancy in Europe - instructions include Irish Republic, France, Italy, Germany, Croatia & Spain

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Marine Dispute & ADR Mediation

Resolving your Marine Industry / Boating Dispute by Mediation A Simple, Efficient and Cost Effective Way of Resolving Disputes

Marine Mediation & Alternative Dispute Resolution (ADR)

Marine mediation is a process in which two or more people or companies unable to resolve a problem or dispute invite a neutral person to help them arrive at a solution. Mediation is an unbiased, voluntary and confidential process for the resolving of disputes. The parties to the dispute select an independent third party or neutral - the mediator - who will work hard with each side and help them to understand better their own and the other parties position, and explore alternative solutions. By doing so the parties improve their chances of working out a solution (resolving their dispute) to their mutual satisfaction. Marine Mediation is a non-adversarial method of resolving disputes. It is appropriate in almost all commercial and marine / boating matters which are capable of settlement out of court. Mediation enables the parties to reach a 'creative settlement' which will not be available from the courts.

When should I use a mediator

When it appears that there is little chance of an agreed resolution and a risk that the problem may get out of hand and involve everybody concerned in a lot of time and expense. Most mediations do not last longer than a few hours.

The Cost

Will vary depending on how complicated the problem is. However, the parties will share the cost of the Mediator whose basis of charge will be known and agreed before the Mediation commences. Apart from the Mediator's charges and the parties giving up their own time there should be little additional costs, unless the parties want to bring their own specialist advisors. Typical costs range between £ 200 - £400 per party

The Mediator

Is a qualified, skilled and experienced problem solver who will be very much involved in the process of reaching a solution. In our John Clabburn you have a marine industry trained, qualified and experienced practitioner. Good Reasons To Mediate

The parties wish to resolve their dispute so as to retain a positive personal or commercial relationship.
Lawyers advise that the balance of responsibilities in the dispute is unclear, and therefore that a legalistic judgement may not be appropriate.
The cash values do not justify substantial legal costs, some of which will have to be met even by the winner.
The Court may impose cost penalties if the parties can not show that they have considered mediation.
The parties wish to settle the dispute as quickly as possible.
The parties wish to resolve the dispute without loss of face, without publicity and in private.
The parties are directly involved in negotiating their own agreement.
Generally the cost is greatly reduced in comparison to pursuing the matter through the courts.
The mediation process is conducted 'without prejudice' so you do not sacrifice any legal rights.
If agreement reached, the agreement becomes binding on all parties and is enforceable in law.

Call us to discuss in more detail - All discussions are in the Strictest Confidence

Faculty of Mediation & ADR

Registration: John Clabburn QDR No. 320

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