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Nature of Independent
Factfinding
Independent Factfinding is part of a structured, quick response process
designed to help resolve problems while they are still just problems.
It is used to establish constructive contact with (potential) complainants
and to obtain the information required to make good decisions about how
to address a problem in order to get it resolved sensibly and as quickly
as possible.
Factfinding establishes the scope and depth of a problem’s factual,
legal, personal and emotional issues and suggests response strategies
to help prevent the problem from expanding into a legal dispute or claim.
Before a problem grows into a dispute or a
conflict, it is born as a complaint. When
complaints are handled well, and early in their life cycle, they rarely
grow into disputes. In retailing, it’s recognised that well-handled
complaints can actually increase customer trust and loyalty more than
“no problem” transactions! With the right response,
over 95% of complaints can be resolved with little more than empathy,
acknowledgement, validation, simple problem solving and gestures of goodwill.
We use only experienced dispute resolvers for Factfinding. Their
skill, credibility and insights are particularly useful when individuals
have a grievance or claim against a major corporation and the relative
power imbalance and/or other considerations (including geography), make
direct communication difficult.
The Independent Factfinding Process
Our approach:
- Understand the brief and obtain as much information as possible about
the problem, the complainants and their likely needs and interests.
- Obtain/research additional background information as appropriate.
- Conduct factfinding interviews to better understand the facts, personal
positions and important needs and interests of all affected parties.
- Report back to our client with preliminary observations and recommendations.
- Suggest further process stages as required. This often involves
getting an informal mediation underway to resolve the problem quickly
and confidentially, before it has a chance to escalate further.
Benefits of Independent Factfinding
Rapid, credible responses can save enormous amounts of time, money and
stress - especially with consumer, personal injury and damages claims
and with workplace relations problems.
The process is entirely confidential. It can be used by corporations
to deal with problems quickly and constructively, allowing them to focus
on solving the problem, rather than having to fight rearguard actions
against adverse or inflammatory claimant, activist group or media exposure.
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