Hot tubbing, also known as concurrent evidence, the tandem expert process, or dueling experts, originated in Australia in the 1970s and has been exported to Canada, Hong Kong, New Zealand, the U.K., and more recently, to the U.S. While hot tubbing has primarily been used in arbitration it is now being imported to courtrooms. As initially formulated the process was intended as a way to better control cases involving expert testimony. The process involves experts taking the witness stand to offer their opinions back to back on specific issues. Following each presentation, experts may question one another and debate various responses. The judge or tribunal may also question experts directly to clarify issues in their minds. As is to be expected, there are perceived good and bad points concerning the process. This paper is based in part on a literature review concerning hot tubbing. This review has been bolstered by the results of a privately-run survey of expert witnesses who have participated in hot tubbing. Each experienced expert was asked to address what they consider to be the benefits and the weaknesses of the process to help answer the question - does hot tubbing work from the perspective of testifying experts?
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