AN ANALYSIS OF FACTFINDING: SUGGESTIONS ON HOW TO IMPROVE THE PROCEDURE

DENNIS M. BYRNE


DOI: 10.2190/5R11-E274-7FJA-YUKH

Abstract

Factfinding has been mandated in Ohio since the passage of ORC 4117 in June 1984. As currently constituted, factfinding has a number n of flaws. From a theoretical point of view, it is not clear what the process is supposed to achieve. Second, from a practical point of view, there are a number of procedural problems that often cause the parties to make less effective presentations during the factfinding hearing than are warranted by the facts of the matter. This article discusses the theoretical and practical problems with factfinding and offers suggestions on how to strengthen the process.

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