Fact-finding

Fact-finding is the job of a person or group of persons in a judicial or administrative proceeding that has or have the responsibility of determining the facts relevant to decide a controversy. The term trier of fact generally denotes the same function. The process is an extremely important part of the communication process.

History

Fact-finding was first established during the Hague Convention of 1907 which dealt with international commissions of inquiry.

Declaration on Fact-finding by the United Nations

On 9 December 1991, the General Assembly of the United Nations approved the Declaration on Fact-finding by the United Nations in the Field of the Maintenance of International Peace and Security. The resolution emphasized

...that the ability of the United Nations to maintain international peace and security depends to a large extent on its acquiring detailed knowledge about the factual circumstances of any dispute or situation.

to encourage States to bear in mind the role that competent organs of the United Nations can play in ascertaining the facts in relation to disputes or situations.

Triers of fact

Fact finders often have the job of determining what facts are available and their relevancy.

The position of fact finder is determined by the type of proceeding. In a jury trial, it is the role of a jury in a jury trial. In a non-jury trial, the judge sits both as a fact-finder and as the trier of law. In administrative proceedings it may be a hearing officer or a hearing body.

Translation

The word "Fact-finding" occurs as such in the following languages: English, German.

Translation in Dutch: Feitenonderzoek.