Used most often in employment disputes, Neutral Fact-Finding is a voluntary and consensual process involving a mediator or other outside neutral third party investigator. This “fact-finder” conducts a due process search for
evidence relating to an existing conflict. The fact-finder typically interviews the claimant, the defendant and other witnesses and prepares a confidential report for management and in some cases, their counsel. Neutral fact-finders
are often more likely to uncover facts than are stakeholders and their discoveries often provide employers with the information they need to resolve a dispute internally without litigation.
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