A special witness is a person who is summoned to provide testimony or evidence in an Alternative Dispute Resolution (ADR) process. The purpose of a special witness is to provide information that is relevant to the dispute, but that may not be available from other sources. This can be particularly useful in situations where the parties are unable to agree on certain facts or evidence, or where the parties are not able to provide the necessary evidence themselves.
One of the main purposes of a special witness in an ADR process is to provide expert testimony. Expert witnesses are individuals who have specialized knowledge, skills, or experience in a specific area that is relevant to the dispute. They can provide valuable information and insights that can assist the parties in understanding and resolving the dispute. For example, in a construction dispute, an expert witness may be called to provide testimony on building codes and regulations, or on the quality of the work performed.
Another purpose of a special witness in an ADR process is to provide factual testimony. Factual witnesses are individuals who have personal knowledge of the facts or events related to the dispute. They can provide testimony about what they saw, heard, or experienced, which can help to establish the facts of the case. For example, in a personal injury dispute, a factual witness may be called to testify about the accident and the injuries that were sustained.
A special witness can also be used to provide character evidence. This is testimony about the reputation or character of a party, which can be relevant to the dispute. For example, in a contract dispute, a special witness may be called to testify about a party’s reputation for honesty and integrity.
The special witness can also be used to authenticate or identify evidence. This is particularly useful in situations where the parties are not able to authenticate or identify certain evidence themselves. For example, in a copyright infringement dispute, a special witness may be called to testify about the authenticity of a work of art or the identity of the author.
The use of special witness can be a powerful tool in an ADR process, as it can provide the parties with information that is not available from other sources. However, it is important to ensure that the special witness is impartial and unbiased and that their testimony is relevant and reliable. Additionally, the use of special witness should be considered within the context of the overall ADR process and should not be used to circumvent legal safeguards or undermine the rights of the parties.
In conclusion, the purpose of a special witness in an Alternative Dispute Resolution process is to provide testimony or evidence that is relevant to the dispute but not available from other sources. Special witnesses can provide expert testimony, factual testimony, character evidence and authenticate or identify evidence. The use of special witness can be a powerful tool in an ADR process, but it is important to ensure that the special witness is impartial and unbiased and that their testimony is relevant and reliable. Additionally, the use of special witness should be considered within the context of the overall ADR process and should not be used to circumvent legal safeguards or undermine the rights of the parties.
Shafiq Taibjee
Lawyer/Arbitrator/Mediator/Certified Islamic Arbitrator and Expert
Honorary Fellow IICRA –UAE