Fact-Finding Mission in ADR

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Categories: Dispute Resolution

Fact-Finding Mission in ADR

A Fact-Finding Mission in Alternative Dispute Resolution (ADR) is a process where a neutral third party investigates the facts surrounding a dispute between parties in order to facilitate resolution. This mission is typically employed when there are complex issues or when parties are unable to agree on the facts of the case.

During a Fact-Finding Mission, the neutral party—often referred to as a fact-finder—will collect evidence, conduct interviews, and examine relevant documents. The goal is to gather accurate and comprehensive information to clarify the issues and assist in resolving the dispute amicably, without resorting to litigation.

For example, in a business partnership dispute, a Fact-Finding Mission might involve interviewing both partners, reviewing business records, and assessing the operational context of their disagreements. The findings can lead to recommended solutions, aid in negotiations, or provide a basis for further mediation or arbitration.

This process is particularly useful in facilitating communication and understanding between disputing parties, potentially saving time and resources by avoiding more adversarial legal proceedings.

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