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Expert Determination

Expert determination is a confidential and flexible ADR process that is used to settle technical disagreements or disputes. The parties to a dispute agree to:

  • ask an independent person with relevant expertise to decide the issue and
  • be bound by that decision

The expert is a neutral third party who is appointed to conduct a fair and impartial review of the evidence and to give a final and binding determination - in private.

Expert determination is particularly relevant and most likely to be cost-effective where a court would need to rely on expert evidence to resolve a dispute. It is also likely to be beneficial where the parties need to maintain an on-going relationship.

Michael Turner specialises in determining disputes that call for a technical approach to evidence. For example, where there are:

  • allegations that a digital document has been fabricated, deleted, doctored or tampered with
  • allegations that system settings, system logs or file metadata have been fabricated, deleted, doctored or tampered with
  • questions about the Integrity, Reliability, Authenticity, Accuracy or Authorship of digital documents
  • disagreements in Expert opinion evidence on the interpretation or evaluation of digital evidence
  • allegations of Software Copyright infringement (literal copying)

In such cases a technical review of the findings of previous investigations, will likely be needed before the actual determination.

Michael Turner is also available to undertake expert determinations of IP disputes (e.g. literary copyright, specifications, designs) and IT contract disputes (e.g. compliance with specification, change control, acceptance testing, performance service levels) generally.

He has very extensive experience as a party-appointed expert and of acting under joint instructions - as a single joint expert and as an arbitrator, mediator, ADR neutral and as an expert to determine disputes. He co-presented CEDR's first one day course on the subject: Expert Determination in Information Technology.


Michael Turner

The Academy of Experts: Michael J L Turner

Expert Witness Institute: Michael J L Turner

UK Register of Expert Witnesses


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