David Tuffin helps lead the expert witness team for the building consultancy firm Tuffin Ferraby Taylor and authored In my expert opinion: How to pick an expert witness:
Independence
According to the Civil Procedure Rules “it is the duty of an expert to help the courts on the matters within his expertise and this duty overrides any obligation to the person from whom he has received instruction.”
Courts tend not to look favourably at witnesses with a vested interest in the outcome of a hearing. It is therefore important to make sure you assess any potential conflict of interest from the start. The safest option is to get an expert from an independent firm.
Mediation
The high cost of going to court is resulting in the majority of disputes – about 80% – being resolved through negotiations and mediation. This will usually see the experts for both sides sitting around a table and arguing their cases in order to find a middle ground. Mediation is a fine art and therefore finding an expert who is experienced in mediation and has undergone specific training can work to your advantage.
More to come from: http://www.building.co.uk/.
