Open AccessThe Expert Witness and Mediation
Author(s) -
E. Lyle Gross
Publication year - 1995
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr1101
Subject(s) - expert witness , adversarial system , mediation , objectivity (philosophy) , witness , dispute resolution , alternative dispute resolution , political science , online dispute resolution , dispute mechanism , resolution (logic) , engineering ethics , epistemology , law , computer science , artificial intelligence , engineering , philosophy
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.