Business disputes are often difficult to work through, especially when both parties believe they have the best solution for the problem at hand. Some companies turn to alternative dispute resolution to handle these matters.
While many people know what arbitrators and mediators are, they may not be familiar with a neutral fact finder as part of a dispute resolution team. This is a highly specialized third-party neutral who prepares a report concerning a central matter. This report may simply present the facts of the case, but it may also include potential solutions to the issue at the heart of the matter being scrutinized.
Limitations may exist
Fact-finders can have very limited roles in these cases. It’s common for them to be limited in what they investigate. For example, if they’re hired to conduct an internal review of facts to determine which party in a dispute is providing factual information, they may only be able to investigate the claims that each party makes that don’t align with the claims of the other party.
Companies that want third-party fact-finders to only look into certain things should make that clear from the start. If conflicts between facts presented by both sides are the basis of the need for fact finding, the fact-finder should be told the issue without knowing which claims each side has made. This can help to keep the results as neutral as possible.
One important thing to remember is that the recommendations of the neutral fact-finder aren’t binding. The information and potential solutions provided can be used however both parties deem suitable. In most cases, they provide clarity for one or both sides of the matter. Once the fact-finder’s report is submitted, each involved party must determine what to do with it.
Ensuring that all pertinent information is available when you’re going through dispute resolution is crucial. This can help with determining viable solutions for all involved parties. Working with a neutral fact-finder who can keep everything straight may be beneficial so you don’t have to attempt to wade through vast amounts of information on your own.