Best Practices in Active Adjudication

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