Expert Hearing

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:

  • The parties’ interests in the dispute include: developing a creative solution; maintaining confidentiality; preserving an ongoing relationship; narrowing the issues in dispute; or where high emotions are present
  • One or more of the parties believe their expert’s opinions are unshakeable or otherwise not subject to question
  • One or more of the parties appears determined to “over-litigate” the case
  • One or more of the attorneys appears to need assistance in client control
  • One or more of the parties need assistance in evaluating the strengths and weaknesses of the case or could benefit from establishing a proportionate discovery plan