In the realm of alternative dispute resolution (ADR), Fact-Finding serves as a bridge between mediation and arbitration:

• Mediation: A voluntary process where a neutral mediator facilitates communication between parties to help them reach a mutually acceptable agreement. The mediator does not impose a decision.

• Fact-Finding: When mediation does not yield a resolution, Fact-Finding involves a neutral expert who investigates the facts, holds hearings, and provides a non-binding report with recommendations. This process aims to clarify issues and guide parties toward settlement.

• Arbitration: A more formal process where a neutral arbitrator hears both sides and makes a binding decision to resolve the dispute.

Fact-Finding is particularly beneficial in complex disputes involving technical matters or significant public interest, as it creates a comprehensive record of evidence and expert testimony to inform decision-making.

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1. Initiation: When parties reach an impasse, they can request the appointment of a Fact Finder through the appropriate mediation bureau or agency.

2. Selection of Fact Finder: A panel of potential Fact Finders is provided, from which the parties select a neutral individual, often through an alternate striking method.

3. Hearing: The Fact Finder schedules a hearing to gather evidence, hear testimonies, and understand the positions of both parties. This hearing is less formal than a court proceeding but structured to ensure a fair evaluation.

4. Report: After the hearing, the Fact Finder issues a written report with findings and recommendations on the disputed issues. This report is non-binding but serves as a basis for further negotiations.

5. Acceptance or Rejection: Parties review the Fact Finder's report and may accept or reject the recommendations. Procedures vary, but typically, if neither party rejects the report within a specified timeframe, it is deemed accepted.

• Impartial Analysis: Provides an unbiased evaluation of the dispute, helping parties understand the strengths and weaknesses of their positions.

• Clarification of Issues: Identifies and narrows down the core issues, facilitating more focused negotiations.

• Non-Binding Recommendations: Offers guidance without imposing decisions, allowing parties to retain control over the outcome.

• Foundation for Resolution: Creates a factual basis that can lead to voluntary settlement or inform subsequent arbitration if necessary.