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Fact-Finding

What is fact finding? How can it be useful to you?

Fact-finding is an objective investigation of and reporting on employee complaints (including discrimination and sex harassment), at any stage of a complaint.

  Determination of facts through:
Examination of documents
Witness interviews

Review of all related materials


  No presentation of investigator's opinion or conclusions, the purpose is:
To present facts to decision-makers on both sides of issue
Not to determine validity or merit of complaint

  Fact-finding
Can be done at any time - from first informal/internal complaint through formal legal proceedings.
Provides all parties to complaint with neutral factual basis for negotiation and decision making.
May have greater credibility with complainant because fact finding is not carried out directly by employer with whom/against whom complaint is lodged.
May encourage greater candor in witnesses because they are not speaking directly with employer.
May be given enhanced weight by ultimate adjudicator - Judge, jury, government agency - because conducted by an outside neutral.

Mr. Javits has extensive experience in fact-finding. He has been a criminal investigator, performed investigations of unfair labor practice for the National Labor Relations Board and, as an advocate he has prepared numerous cases for hearings and trial.