Mediation and settlement in administrative adjudication: A theoretical and applied examination.

摘要

Adjudication is a distinctive form of social ordering, and adjudication by administrative tribunals can in turn be distinguished from court-based adjudication. Criticisms of both types of adjudication are linked to a surge of interest in alternative forms of dispute resolution, in particular, informal processes such as mediation. These informal processes are not themselves without drawbacks.; The institutionalization of mediation at administrative tribunals advances certain values. Mediation is premised on the primacy of private ordering as a means of deciding disputes. The mass mediation of disputes about statutory rights may undercut the important function of tribunals in developing the normative values underlying a legislative scheme. Particular mediation processes may also have an impact on the content or characterization of the issues under consideration by a tribunal. The incorporation of mediation processes into administrative adjudication may affect the particular goals of a legislative scheme, and administrative law values in general.