Mediation and settlement in administrative adjudication: A theoretical and applied examination | Posted on:1999-07-28 | Degree:LL.M | Type:Thesis | University:University of Toronto (Canada) | Candidate:Liang, Sherry | Full Text:PDF | GTID:2466390014968835 | Subject:Law | Abstract/Summary: | | 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. | Keywords/Search Tags: | Administrative, Adjudication, Mediation, Processes | | Related items |
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