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Fact-findingFiguring out what led to a crime or conflict. Fact-finding aims to answer questions like: What exactly happened?
Appellate courts will generally not overturn a factual finding unless it is clearly wrong (erroneous) and the record leaves absolutely no question that the judge was wrong. A trial judge has a great deal of power to make decisions in a case, with the exception of decisions that are strictly about applying the law.
The purpose of the fact find hearing is to consider the allegations. Each person concerned will be required to give evidence and be cross examined. In order for the judge to reach an outcome on the allegations your attendance is compulsory. Barristers from both parties will cross examine each person.
Fact Finding is the use of an impartial expert (or group) selected by the parties, by the agency, or by an individual with the authority to appoint a fact finder, in order to determine what the facts are in a dispute.
When there is disagreement about the facts of a case, the judge or jury determines what the facts are by making findings of fact. The findings of fact for example, that the light was red, not green as the plaintiff alleges must be supported by evidence in the record.
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The factfinders report summarizes the evidence and arguments presented, and the parties final offers and positions. The Panel then takes whatever action it may consider appropriate or necessary to resolve the impasse, which most often takes the form of a Decision and Order.
What happens after a fact find hearing? The judgment will consider each allegation and confirm whether the allegations are proven. The Court can even go as far as saying that an allegation has been falsified. If none of the allegations are proved, the Court may proceed to making a final order.
At the fact finding hearing each party will sit in the witness box to tell the judge what happened. This is called giving oral evidence. Each party will be asked questions by the other party or their lawyer about the allegations. This is called cross examination.

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