Generally speaking, if you have a dispute in arbitration with issues that require expert evidence, you probably have a complex and therefore expensive problem. The use of an expert is going to be a correspondingly complex and expensive measure. Plan accordingly.
The use of experts in formal dispute resolution is, of course, often critical. Conveniently, the procedural “rule book” for the disclosure and presentation of expert evidence in federal court, for example, is set out in some detail in the Federal Rules of Civil Procedure 26(a)(2) and the relevant portions of the discovery rules that follow, supplemented by local civil rules, custom and practice. (The pertinent rules of the road in state court litigation are more or less comparably well defined.) And, given the relative clarity of those procedural rules, the myriad tactical decisions regarding the selection, preparation and presentation of experts and expert evidence are often made by rote.
