Best Practices in Active Adjudication
Michelle Flaherty, "Best Practices in Active Adjudication" Canadian Journal of Administrative Law and Practice (Forthcoming)
25 Pages Posted: 17 Jul 2015
Date Written: July 15, 2015
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
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