Factfinding does not involve a formal hearing procedure. The factfinder does not render a final decision. A factfinder, with the authority of the disputants, may make recommendations for the resolution of a dispute but does not usually become involved in the actual resolution of the case. The use of a factfinder offers the potential of finding a solution to the dispute while still leaving the disputants with control over the outcome and possible resolution of their dispute. Mediation is a way for disputants to resolve a dispute with the assistance of a trained third party neutral.
Mediation is a form of structured negotiations.
The mediator cannot impose a solution upon the disputants. Instead, the mediator acts to assist the disputants in reaching a resolution of their own making. If the disputants are unable to resolve their dispute through mediation, they may return to either the administrative agency or court for further processing of their dispute. The disputants may also choose to voluntarily submit their unresolved dispute to final and binding arbitration. Unlike mediation, arbitration typically results in a final and binding decision.