COURT EXPERTS’ CONTRIBUTION TO AN EFFICIENT DISPUTE RESOLUTION

Abstract

Court experts advise judges in technical issues and thus support them in finding a fair verdict. That makes them a key pillar of the legal systems of many European countries. The appointing system varies in the respective EU Member States. Additionally, the appointed experts from the traditional national systems, the number of experts appointed according to EN ISO/IEC_17024 increases. Currently, some courts and law firms evaluate the opportunity to create a unified expert register for some kinds of disputes. Italy and Germany both have a national system in appointing experts for technical advice in court cases which differs in some points, but request, among others, a high level of knowledge and personal integrity. The authors compare the national expert systems and analyze the relevance of the new European expert appointment according to EN ISO/IEC_17024. They consider the pros and cons and discuss the creation of a unified expert register for construction disputes. Furthermore, the authors analyze some educational programs able to ensure a body of professionals of excellence for the best resolution of technical disputes. As a conclusion the authors propose standards for a unified expert register following the EN ISO/IEC_17024 accreditation criteria, in order to guarantee a high level of knowledge, personal integrity and professional behavior.