Mediation and settlement in administrative adjudication, a theoretical and applied examination

grantor: University of TorontoAdjudication 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.L.L.M