AN EXAMINATION OF FACTFINDING AS A METHOD OF DISPUTE SETTLEMENT TRAINING GROUNDS FOR ARBITRATORS

DAVID A. DILTS

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DOI: 10.2190/VQPD-YKYR-8KL1-596Q

Abstract

This article examines the practices and procedures of factfinding. The factfinding process is compared and contrasted with mediation and rights arbitration for the purpose of enlightening the reader as to what the uses and limitations of factfinding are. Specific emphasis is placed on the roles and expectations of the parties to the dispute and on factfinding as a training ground for arbitrators. Factfinding is often cited in the arbitrator training literature as an appropriate area for aspiring arbitrators to gain experience. Once factfinding is viewed as a dispute resolution technique in its own right, it becomes clear that experienced factfinders and experienced arbitrators are not perfect substitutes for one another, shedding doubt on whether factfinding is a good training ground for arbitrators (and vice versa).

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