Reading Tony Bingham’s article (22 April, page 58) regarding the quandary of a judge faced with the equally compelling opinions of two opposing experts, I was reminded of my very earliest lessons in arbitration.
A major part of the syllabus concerned the advantages and disadvantages of arbitration when compared with litigation.
We were taught that a technical dispute should be settled by arbitration, whereas a legal dispute should be settled by litigation (simple in those days, wasn’t it?).
However, I have no doubt that a proper grounding in getting your boots muddy and watching or talking to the “putters-up” gives a tremendous boost to the ability to use expertise to assist in deciding between opposing opinions.
Peter Horne, chartered arbitrator, Knowles