Court-appointed assessors

Court-appointed assessors are called in because of their expertise. The judge draws up questions in consultation with the parties to the case, which the assessor shall answer to shed light on the case.

The assessors are experts in the field of dispute and are appointed by the courts through lawyers or judges.

Cases may concern:

• Property defects

• Violation of competition rules

• Bodily harm

• Custody

• Finance

An assessor can be appointed to assess almost anything, except legal questions.

Conditions for becoming a court-appointed assessor

Those appointed to be assessors must:

• be at least 20 years old

• be trained in a specific field, such as a craftsman, technician, engineer, doctor, psychologist, business professional or accountant

• be an unassailable witness regarding the matter that is to be assessed

• have the necessary skills to perform the task
  

Selection of an assessor

The parties usually agree on an assessor who is then appointed by the judge. If the parties do not agree the judge is responsible for the selection.

The Icelandic Bar Association compiles a list of court-appointed assessors. The list is sent only to lawyers and employees of the courts.

Assessment report

• The assessors must prepare a reasoned assessment report, analysing viewpoints on which their opinion is based

• It is important to date and sign the assessment report

• If the applicant so requests, the judge may decide that the assessor does not need to prepare a written assessment report but rather must appear before the court before the main proceedings take place

• A party may require a supervisory assessment, where the issues previously assessed will be re-assessed. The supervisory assessors must be more numerous than the assessors were.
  

Important points

• It is important that assessors remain neutral and that they report if they do not meet the requirements of civil law to be appointed

• The assessors must convene a meeting in writing with the parties provided for in the assessment request

• The venue of the meetings must be acceptable, for example, an office, a clinic, a property, a ship and so on. The assessor chairs the assessment meetings and decides the number of meetings

• In some cases, practical issues can be resolved outside of assessment meetings, for example by e-mail
  

Cost

Appointing an assessor is an expensive resource. Lawyers need to inform their clients about the cost of obtaining an assessment report.

Courses

The Judicial Administration and Icelandic Bar Association organise a course for court-appointed assessors. The courses are held every autumn and are advertised on the website of the Icelandic Bar Association and on the website of the courts.

The courses are intended for all those who have been assessors or want to become assessors in their field of expertise. The course is accompanied by a handbook for court-appointed assessors, which can also be purchased from the Icelandic Bar Association.

The book examines the role of an assessor, the process of an assessment case from beginning to end and what assessors should be wary of.

Read more

See Section IX Article 61of the Code on Civil Procedure No. 91/1991.