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Reasoned decisions

A reasoned outcome should identify material facts, address the disputed issues and explain the path to the conclusion.

A reasoned decision connects the evidence and applicable framework to clear findings and a conclusion; it should show why the result follows.

Reasons matter because they let the parties understand the decision, correct factual mistakes and assess whether important issues were determined. A long document is not necessarily a reasoned one.

A reasoned decision need not address every sentence, but material disputed facts and decisive evidence should be dealt with sufficiently.

Key points

  • Identify facts found.
  • Identify evidence relied on.
  • Identify framework applied.
  • Identify conclusion on each important issue.
  • Check whether remedy follows from findings.

The reasoning chain

IssueWhat needed deciding
FactWhat the decision-maker found happened
EvidenceWhy that fact was accepted
FrameworkRule/standard applied
ConclusionOutcome on issue
RemedyWhat follows from outcome

Common reasoning defects

  • Impossible or incorrect chronology.
  • Failure to address decisive contrary evidence.
  • Wrong framework.
  • Internal contradiction.
  • Conclusion asserted without supporting analysis.
  • Remedy unexplained by findings.

A decision should expose the route from evidence to conclusion

The reader should normally be able to identify the material findings of fact, see which evidence supported those findings, understand how conflicting evidence was resolved, identify the rule or standard applied and follow the reasoning to the result. A bare conclusion such as “we consider the company acted reasonably” may be a conclusion, but it is not necessarily an adequate explanation of why disputed evidence or a contrary rule did not change the outcome.

Reasons also matter to the remedy

Reasoning should not stop at liability. If fault is found but the remedy is modest, the decision should make it possible to understand how the decision-maker assessed financial loss, inconvenience, distress, correction of records or other practical redress. An unexplained remedy can be challenged separately from the underlying finding.

In practice

  • Audit the chain rather than reacting only to the final result.
  • Challenge material gaps with page/paragraph references.