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NIESV PPE: Arbitration, Mediation and Expert Witness Practice

NIESV PPE · Work through your exam, one topic at a time.

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Arbitration, Mediation and Expert Witness Practice

The exam tests the dispute resolution frameworks a valuer meets, and the separate and stricter role of the expert witness.

Arbitration

The Arbitration and Mediation Act 2023 replaced the old Arbitration and Conciliation Act. The agreement must be in writing; the tribunal can rule on its own jurisdiction (competence-competence); the award is final and binding and enforceable by the court; setting aside is limited to grounds such as lack of jurisdiction, serious breach of due process or public policy. Arbitration clauses are common in leases, rent review and construction contracts.

Mediation

Voluntary, confidential and without prejudice; the mediator does not decide. A settlement agreement is binding as a contract, and the 2023 Act provides a route to record and enforce mediated settlements.

Expert evidence

The expert's duty is to the court or tribunal, overriding duty to the client. Be independent, stay within your expertise, and keep the report structured: instructions, qualifications, documents considered, facts, assumptions, method, opinion, declaration and CV. Expect concurrent evidence and cross-examination on comparables.

Worked example

A lease provides for rent review disputes to go to arbitration. The tenant rejects the landlord's figure. Appoint a sole arbitrator per the clause; each side serves an expert report; the arbitrator weighs the comparables, adjusts for lease terms and location, and issues a reasoned award fixing the rent, enforceable if not complied with.

Traps

Charging contingency fees as an expert; acting as advocate and expert in the same matter; opinions beyond expertise; unstated assumptions; failure to declare prior involvement with a party.