The task of convening joint conferences of experts, particularly those whose reports reflect genuinely held but divergent views, has been likened to herding cats. Where no facilitator has overseen the process, frequently the joint report lacks coherency and provides little assistance to the litigators and the court.
The value a well-prepared facilitator can add to the expert witness joint conference process is perhaps not widely appreciated, although anecdotally it seems practitioners are becoming more inclined to seek, and judges more willing to direct, their appointment.
This seminar is intended to provide some insight into the role and utility of the facilitator from the perspective of senior counsel who act in that capacity and appear in matters involving joint reports.
The speakers will share their (appropriately anonymised) experiences inside the joint conference, and discuss how those experiences might better inform the briefing of the facilitator, and the preparing of experts for participating in the joint conference. The drafting of agreed assumptions and questions that, where practicable, and conformably with the applicable practice notes, admit of yes or no answers, will be discussed, as will the ethical constraints on practitioners in the joint conference process.
Presented by Ian Roberts SC and Richard Cheney SC. Moderated by Scott Goodman SC.