NCJ Number
99893
Journal
Villanova Law Review Volume: 29 Issue: 6 Dated: (1983-1984) Pages: 1393-1419
Date Published
1984
Length
27 pages
Annotation
A discussion of the history and current status of dispute resolution through administrative processes concludes that the use of alternative dispute resolution in the administrative process is likely to increase.
Abstract
The National Labor Relations Act, the Federal Trade Commission, worker compensation programs, and other programs illustrate the growth of administrative agencies and processes to deal with specific types of problems through means other than litigation. Although a variety of procedures for resolving disputes have been created and either discarded or adopted, administrative law has lagged behind the private sector in its use of a variety of methods of alternative dispute resolution. However, many agencies now are considering new forms of administrative procedure. Efforts are focusing on four areas: rulemaking; agency adjudication using mediation, arbitration, or minitrials; other forms of administrative action not mentioned in the Administrative Procedure Act; and the use of private-sector mechanisms for dispute resolution as a substitute for agency regulation or hearings. For alternative dispute resolution to be more widely used, agencies need to become familiar with all the possibilities. Other needs are a method to protect the integrity of decisions negotiated by government officials, the willingness of agencies to yield some of their perceived power, and institutionalization of procedures following a period of experimentation. Footnotes.