Fact Finding

Fact Finding in Arbitration and Mediation

Politicians are fond of saying that individuals can have their own beliefs, but cannot have their own facts. Hearing evidence and issuing findings of fact lie at the center of much of our work as special masters and ADR professionals.

At Corodemus & Corodemus, L.L.C., our attorneys and retired judiciary work to assist parties in the reconstruction of a complex set of facts. The facts of the case could have occurred over a long period of time. Neutral fact finding is a unified effort to uncover a neutral set of facts which parties may use in preparing for arbitration or trial.

Our ADR professionals and third-party neutrals can assist the courts and opposing counsel with the following:

  • Authentication of facts
  • Incontrovertible determinations based on facts
  • Verifications based on facts

Neutral fact finding as a part of the arbitration or mediation process can remove some of the distraction of inconsequential facts and narrow the issues as to genuine factual disputes. We can also help resolve problems as to expert qualifications, evidentiary objections and protective orders.

Early Neutral Evaluation

Early neutral fact finding is an ADR technique that allows our professionals to assist both parties early in the case, even before litigation is initiated.

This might involve stipulating as to controlling statutes, facilitated dialogue between opposing experts, or the reconstruction of instructional memory in cases where time and complexity may cause limitless expense in traditional litigation. This type of ADR can be most helpful in the environmental and/or class actions areas. Of course, any dispute must be examined to discover the best method of resolution. Our staff will help explore which approach and techniques will be best for your case. This technique works well when combined with fact-finding services, special discovery master or mediation.

Nationwide Neutral Fact Finding Services

To discuss your need for a third-party neutral, ADR expert, special master or assistance with complex litigation management, please call or contact our law office for a preliminary discussion with a lawyer and ADR professional.