A joint conference or expert conclave is designed to assist the just, quick and cost-effective disposal of proceedings and attempts to alleviate the need for experts to attend court to give evidence.

The process in NSW is governed by the Uniform Civil Procedure Rules 2005.  The rules refer to a facilitator as:

‘…a person independent of the parties and who may or may not be an expert in relation to the matters in issue.’

In practice facilitators are often persons with experience in both the law and mediation.  However, the process of facilitating an experts’ conclave is different and unique to both the practice of law and conducting a mediation.

A facilitator will often be crucial to the process in ensuring the conclave meets the stated goal of cost-effective prehearing preparation.  A facilitator can achieve this by:

  • Creating a structure for discussion
  • Ensuring each expert is equally heard and removing power imbalances
  • Direct the expert’s attention to addressing and answering the specific questions
  • Defusing any conflict and ego
  • Clarifying for the experts the conclave process
  • Ensure focus is maintained and that time is used productively

Some keys to success in facilitating an experts’ conclave and generating a joint report are:

  • Ensure questions are clear and concise to avoid the need for the experts to reach agreement as to their meaning and avoid repetitive questions
  • Ensure all experts are aware of the content of the relevant practice notes in advance of the conclave
  • Consider the use of a transcription service. As facilitator the first draft will be circulated to the experts with any notation as to points to be clarified prior to final sign off
  • Allow for a time and inform the experts of the need for cooperation after the conclave to finalise all matters. It is always the desired goal to complete the report at the conclave, but this is often not achieved
  • Ensure the Facilitator has a thorough knowledge of the facts and issues in dispute

A Facilitator should always:

  • Ensure neutrality in chairing the conclave
  • Ensure the experts address all questions and issues as per the joint list
  • Ensure the joint report is accurate and specifies not just the matters agreed but reflects the difference of opinion
  • Ensure experts do not attempt to decide matters of fact in dispute