What is Fact-Finding?
Fact-Finding refers to an alternative dispute resolution mechanism in which a neutral third party examines documents and interviews witnesses to determine, as best as is reasonably possible, what happened, so parties (and their attorneys, if they are involved) can then determine the appropriate course of action. Unlike Arbitration, which decides not only what happened but also the legal consequences of what happened, Fact-Finding merely provides the party or parties an understanding of what at least one neutral observer would conclude had occurred. The Fact-Finder’s job is to weigh the relative credibility of the witnesses and documentary evidence, to reach a conclusion as to what happened. It is then up to the party or parties to decide what, if any, legal consequences arise from those facts.
