Lawyers
Whether a Lawyer is acting for a third party claimant or a ship owner defendant in a civil action, or the prosecuting authority or the accused Company or individual in a criminal action, it will be crucial to ensure that the best possible team is assembled.
The Lawyer, whether Solicitor, Barrister, Advocate or Counsel will often be in the best position to advise the client what type of expert might be required for any particular case and who the most appropriate expert might be.
In certain Civil Actions, where compliance with ISM is a major issue, it may be appropriate to suggest to the disputing parties that they agree a single Expert. Such an Expert could then review the case from both perspectives and provide an objective, unbiased set of findings and conclusions. Such a course of action could be undertaken in conjunction with ADR or other attempt at mediation or even by way of the Expert acting as a sole arbitrator. Of course both parties would need to consent.
Whatever form it might take, it should, in most cases, help towards a speedier resolution of the dispute without having to resort to the expense and time involved in a full scale Arbitration or Court action.
