Best Practices in Active Adjudication

Michelle Flaherty, "Best Practices in Active Adjudication" Canadian Journal of Administrative Law and Practice (Forthcoming)

Ottawa Faculty of Law Working Paper No. 2015-23

25 Pages Posted: 17 Jul 2015

See all articles by Michelle Flaherty

Michelle Flaherty

University of Ottawa, Faculty of Law

Date Written: July 15, 2015

Abstract

Increasingly, adjudicators and administrative tribunals are interested in active adjudication. Adjudicators are on the front line of administrative justice, we see firsthand the difficulties self-represented and other litigants face as they try to navigate the legal system. We see the challenges associated with adversarial adjudication and we see how the role of the decision-maker can make a difference to the parties, their perception of the fairness of the proceeding, and (arguably) the legal outcome. Many of us see active adjudication as a way that adjudicators can help remove unnecessary barriers for all litigants. This paper addresses the actual practice of active adjudication. I attempt to explain, in specific terms, how adjudicator's can introduce active adjudication into their practice. I begin by explaining what active adjudication is and why it can improve access to justice. Second, I consider what tools are needed to become effective active adjudicators. Finally, I propose some best practices and practical suggestions.

Keywords: administrative law, administrative tribunals, active adjudication, access to justice

Suggested Citation

Flaherty, Michelle, Best Practices in Active Adjudication (July 15, 2015). Michelle Flaherty, "Best Practices in Active Adjudication" Canadian Journal of Administrative Law and Practice (Forthcoming); Ottawa Faculty of Law Working Paper No. 2015-23. Available at SSRN: https://ssrn.com/abstract=2631175

Michelle Flaherty (Contact Author)

University of Ottawa, Faculty of Law ( email )

57 Louis Pasteur Street
Ottawa, Ontario K1N 6N5
Canada

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