The case involves in whole or significant part a “battle of the experts.” This process is helpful in disputes over business valuations, assessing economic damages, professional malpractice, products liability, the scope and terms of electronic discovery, and any other disputes involving opposing expert opinions.
The expert hearing process is typically used after sufficient document and information exchange for experts to formulate their preliminary opinions, and can be used to streamline discovery by narrowing the focus on those expert issues that are truly in dispute. The hearing can be orchestrated by counsel and a neutral immediately preceding mediation, or substitute for the parties’ opening statements during mediation. It can also be used in the course of mediation to address any impasses arising from conflicting expert opinions.
Confidentiality protections are critically important.
Indications for consideration: