The Expert Witness and Mediation

Authors

  • E. Lyle Gross

DOI:

https://doi.org/10.29173/alr1101

Abstract

This article examines many aspects of the role of the expert witness in dispute resolution, particularly in mediation. The author suggests that expert witnesses will function more effectively in a mediation than in an adversarial setting, due to the nature of their scientific training: objectivity; an inquisitorial approach, and the wide-spread sharing of knowledge. The author supports this conclusion with an historical review of the expert witness in dispute resolution. Next is a discussion of the expert in mediation. The role of the expert in mediation is of paramount importance; in some circumstances the expert may even junction as the mediator as well. The author concludes with a guide to preparing the expert witness in dispute resolution.

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Issue

Vol 34, No 1: Special Issue: Alternative Dispute Resolution

Section

Articles

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