Mediation in administrative proceedings: A comparative perspective

Abstract

This chapter is concerned with all forms of alternative dispute resolution (ADR) in administrative proceedings but focuses in specific on mediation in administrative law disputes between citizens and administrative authorities. It provides a comparative analysis for which the chapters on the national legal systems in this volume have served as a basis. Mediation is on the rise as an important form of ADR in administrative law. Although all forms of administrative proceedings could potentially benefit from the positive influence of mediation on the relationship between disputants (administrative authorities and private actors), there seems to be an emphasis on the exploration of the possibilities of mediation in those disputes that are not yet brought before administrative courts. Most legal systems that are discussed in this book actually have growing policies to implement mediation, mediation techniques, and communication skills within all processes that demand civil servants of governmental agencies to interact with private parties. When public law decisions are at the basis of the conflict, the structure and core aspects of administrative law will have an important role in deciding whether mediation could have a role in resolving the dispute.