English translation: out-of-court expert or amicable expert
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Dutch to English translations [PRO] Law/Patents - Architecture
Dutch term or phrase:minnelijke expertise
Hi all
I am translating a CV and one sentence is as follows: 'Technisch raadgever bij diverse gerechtelijke, minnelijke en andere expertises'. I found another thread on 'medische expertises' and assume that 'gerechtelijke expertise' would be 'legal expert opinion' or 'legal assessment' but I am struggling with 'minnelijke expertise' - I found this useful website explaining it (http://www.bouwexperten.be/exp_minnelijk.html) but am not sure how that would be translated.
left room for interpretation. Other people might read more or less into it than you intended. This had better be avoided in legalese questions. Hence my remarks.
As for the 'technisch raadgever', please read my refs for the difference between this person and the one conducting the 'deskundigenonderzoek'. A 'technisch raadgever' is hired by one party; impartiality on his part is not required; his role is to assist 'his' party.
This, too, is important for future reference.
Finally, I would agree with your suggestion, with the addition of 'expert', hence 'out-of-court expert assessment'.
No, the expert is not 'employed' by the court as in 'working for as an employee', but he is employed as in 'used' or as you say appointed by the court. My husband just confirmed 'employ' could be used in such a way and he is native UK English. Secondly, this expertise is a report that such an expert makes, upon which in this case a settlemnt out of court will be based. How do you otherwise read 'technich raadgever bij minnelijke expertise'. As a native speaker it is clear to me that the person was a technical advisor for such assessments out of court. How does it make a difference which role he performs during such a procedure?
And yes, expertise can also mean 'skills' like we as translators put on our profile, but I do consider it clear that none of that applies here. How otherwise does the meaning fit in Dutch?
I have had such an expert assessing my problem as well, so I know very well how things work. Such a technical expert is de facto hired by the two arguing parties to assess the problem, but still appointed by the court. Both parties can independently also hire their own or have a counter assessment made, so it is possible that this refers to one and the same person.
Yup, a NL-EN question, hence proper understanding of the Dutch term is required. I did not use 'expertise' in an English context, hence the quotation marks.
As a native speaker of Dutch, I assure you that the 'expertise' will be carried out by someone who is skilled in a particular field. A medical expert, for instance, or an expert in civil engineering.
No, in this case it has nothing to do with skills. Please take it from me as a native speaker! It means a report produced by an expert adviser - for example a loss adjuster's report for an insurance company.
Sorry, have to react to the note you added to your initial suggestion:
'Experts in a minnelijke schikking' are independent persons; they are not 'employed by the courts' as you state. They can be appointed by the court (the same applies to the expert in a 'minnelijke expertise', see http://www.expertisen.be/home.htm).
Furthermore, 'technisch raadgevers' fulfil a different role (see http://www.ordomedic.be/nl/adviezen/advies/onafhankelijkheid... :
"Een partij kan, tijdens een onderhandeling, tijdens het zoeken naar een oplossing voor een geschil of tijdens een expertise aan een man van het vak vragen haar bij te staan om haar belangen te verdedigen en ondertussen ook technische uitleg te geven. Een vakman die op die manier in dienst genomen werd door een partij wordt “technisch raadgever” genoemd. Aangezien hij in dienst is van een partij moet hij niet onafhankelijk zijn ten opzichte van deze laatste."
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Answers
15 mins confidence: peer agreement (net): +1
out-of-court expert or amicable expert
Explanation: Out-of-court experts are often used in out-of-court alternative dispute resolutions (ADR), as well.
-------------------------------------------------- Note added at 21 mins (2011-11-08 10:48:00 GMT) --------------------------------------------------
With this said, I would use out-of-court or amicable expertise
DebbieKleynhans Local time: 23:16 Works in field Native speaker of: Afrikaans, English PRO pts in category: 4
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Thank you very much for your help!
4 hrs confidence: peer agreement (net): -1
arbitration case
Explanation: It's explained in Helen's very helpful reference - the two sides don't want to go to court, so they appoint an independent arbitrator.
An "expertise" is an assessment or valuation by an independent expert, but "expert" is not used nearly as often in English as it is in other languages.
philgoddard Local time: 16:16 Native speaker of: English PRO pts in category: 4
Explanation: Arbitration is a formal process, often in lieu of a court case, for more serious disputes, usually involving groups of people. The arbitrator is usually appointed from higher up and has considerable power to force an agreement if necessary.
In companies, as would be the case here, there is a more informal way of resolving disputes, called mediation. This can be as simple as two people sitting down with an impartial third party to help them sort out their differences. The mediator can be assigned or can be chosen by the two parties.
Explanation: Not really sure, but a 'minnelijke schikking' is a settlement out of court. So he does assessments for the court, when such an argument has reached the stage of a court case, and then he does them out of court if a party has a problem with his/her contractor, but still wants to settle the matter out of court. Or that is how I understand it.
-------------------------------------------------- Note added at 6 hrs (2011-11-08 16:52:23 GMT) --------------------------------------------------
I think there is a little confusion about what this person means. An 'expertise' is an assessment that carreis legal truth, which is the basis for any rulings made about the matter. Such experts are employed by the courts, but also in private matters. A settlement out of court, therefore, can also involve such an expert whose conclusions from such an assessment will be the basis for any money paid from the one party to the other. So expertise has nothing to do with skills and one cannot be an expert at out of court settlements. That's why it says 'technisch raadgever' 'technical advisor' or something along those lines in such events.
Kirsten Bodart Germany Local time: 23:16 Native speaker of: Dutch, English
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