Fact finding

Fact finding is the purpose of ascertaining facts.

Facts are pieces of information about the world that can be independently verified by generally accepted research methods as reliable, sound bases for decision making and dispute resolution. Facts may involve technical questions, as well as factual questions involving the law.

In some cases factual questions can be answered with absolute certainty. In other cases, however, there are large elements of uncertainty. While some of these uncertainties can be reduced through more intricate fact-finding efforts, there are often other uncertainties which cannot be eliminated by any reasonable amount of analysis. In these cases, decisions will have to be made and disputes resolved on the basis of incomplete information.

The goal of fact-finding efforts is to incorporate as much reliable information as possible into the dispute resolution process. Outlined in this section are problems which make it difficult to achieve this objective.

Joint fact-finding can help the parties resolve factual disagreements in ways which are acceptable to all parties. This technique requires the parties to collaborate in the joint design and oversight of the fact-finding process, and it usually involves the hiring of experts who then work on behalf of and under the joint direction of the parties.

Another method of resolving disputed facts is data mediation, in which experts from both sides sit down together to discuss the discrepancies or disagreements and come to a joint conclusion about what is known, what is unknown, but determinable with more fact-finding, and what is unavoidable uncertainty.