Refining and testing joint fact-finding for environmental dispute resolution: Ten years of success

Abstract

For the past decade, we at CONCUR have been mediating complex environmental disputes and using the technique of joint fact-finding as a cornerstone of our model of practice. In this article, we present and reflect on this body of experience, with the goal of better informing both our colleagues in the field and other potential users of alternative dispute resolution (ADR) about the elements and preconditions for successful use of joint fact-finding. We also aim to contribute actively to current initiatives on best practices.