Expert witnesses, why do they disagree?

Building Expert- Expert Witness

As expert witness who has appreared in VCAT many times I have opinion why experts disagree.

Expert witnesses are hired to give evidence and an opinion within area of their expertise which hopefully will promote their client's position in a dispute. However when in proceedings, expert's must pledge impartiality and a paramount duty to assist Trbunal or the Court. Unlike other witnesses who are there merely to give evidence, experts are privilleged to express an opinion.

The fact of the matter is that experts will disagree most of the time when apparently looking at the same set of problems. Why is this so? Well there are a number of reasons and they are set out below.

Firstly there is a brief from the party engaging the expert. Brief is a set of items that the expert is required to enquire into and to report and express an opinion.The party engaging the expert has the advantage of formulating the brief and can to some extent with careful framing lead the expert towards the advantageous opinion. Obviously the brief from the opposing parties to the dispute will differ. So if the starting points for the experts are different what are the chances that they will agree?

Secondly, expert relies on written and verbal information given by his client and has to assume veracity and full disclosure of the relevant facts. It is inevitable that the parties in a dispute will have different interpretation of facts and events. So if the experts are getting different sets of data to consider what are the chances they will arrive at the same answer?

Thirdly, experts will usually inspect the property and report findings. Findings are essential elements of evidence that the expert will consider in arriving at the opinion.There is a good chance that two experts looking at the same building will come up with different findings.

Fourthly there is analysis, consideration and formulation of opinion. It is said if you get ten doctors you will get ten differnt opinions and it's no different with expert witnesses. So even with the same findings there will be different interpretation of data leading to differing opinions.

Fifthly and most importantly are the recommendations as what is to be done and this is where usually there is the biggest disagreement. I see it as a natural product of differing starting points, instructions, inspection findings and considerations. A compounded sum total of variances. That's why!

Branko Mladichek Building Expert and Expert Witness www.buildingexpert.net.au 03 9742 6121