A Shared Neutral Expert can provide unbiased understanding of technical issues, or can recenter the process when opposing experts have taken extreme positions.
 
A shared neutral expert can be retained directly by the mediator, arbitrator or court, or retained jointly by two or more primary parties.  These strategies reduce costs, streamline the dispute resolution process, and emphasize solutions that are based on case-specific facts.
 
For Mediation, finding consensus on technical construction issues that are at the heart of the dispute will make efforts to resolve the overall dispute more effective and efficient.
 
For Arbitration or Litigation, use of a Shared Neutral Expert provides unbiased technical expertise to the Finder of Fact, whether that be a judge, arbitrator, or jury.  This allows the Fact Finder to focus on central case issues, and confidently take on cases with specialized subject matter.
 
In addition to technical construction knowledge, a Shared Neutral Expert must have the ability to understand and accurately portray the facts so that others can form more accurate opinions of their own.  In the end, the expert's opinion matters much less than that of the parties (in Mediation), or of the Finder-of-Fact (in Arbitration or Litigation).

© 2015, David Neagley, AIA, Architect.

Expediting the Construction Dispute Resolution Process