ADR in the Administrative Law: A Perspective from the United Kingdom

David Marrani, Youseph Farah

Research output: Chapter in Book/Report/Conference proceedingChapter

2 Citations (Scopus)

Abstract

Administrative ADR encompasses a number of grievance mechanisms that provide an alternative to court litigation. However, due to space constraints, the chapter focuses on three types of ADR, namely, ?internal appeal,? ?mediation,? and the ?public Ombudsman.? A central claim of this work is that there exists a fine balance between PDR and the constitutional values that are intrinsic to a system of administrative justice. There is sufficient evidence, for instance, to suggest that public Ombudsmen, despite their shortcomings and need for reform, have the greatest potential to strike this fine balance between PDR and fundamental constitutional values. That said, there are many more issues that should be looked at here, some of which are fundamental, such as the place of ADR in common law and the issue of ADR specifically in public law, while one may still want to be cautious about the divide between public law and private law in the context of the common law. Finally, there is also an issue of balance to be sought between the use of ADR and the quality of administrative justice.
Original languageEnglish
Title of host publicationAlternative Dispute Resolution in European Administrative Law
EditorsDacian C. Dragos, Bogdana Neamtu
Place of PublicationBerlin
PublisherSpringer
Pages259-278
Number of pages20
ISBN (Electronic)978-3-642-34946-1
ISBN (Print)978-3-642-34945-4, 978-3-662-50969-2
Publication statusPublished - 2014

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