Procedural Justice and the Design of Administrative Dispute Resolution Procedures

Are certain characteristics of dispute resolution procedures associated with higher levels of procedural justice? We address this question through a quantitative analysis of real-world experiences of 194 professional legal representatives with the objection procedures of 81 Dutch administrative auth...

Full description

Saved in:
Bibliographic Details
Published in:Social justice research 2024-03, Vol.37 (1), p.76-99
Main Authors: Wever, Marc, Ybema, Jan Fekke
Format: Article
Language:English
Subjects:
Administrative procedure
Anthropology
Attorneys
Behavioral Science and Psychology
Conflict resolution
Decision making
Disputes
Justice
Mediation
Personality and Social Psychology
Philosophy
Political Science
Procedural justice
Psychology
Quantitative analysis
Social justice
Social Policy
Sociology
Third party
Citations: Items that this one cites
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:Are certain characteristics of dispute resolution procedures associated with higher levels of procedural justice? We address this question through a quantitative analysis of real-world experiences of 194 professional legal representatives with the objection procedures of 81 Dutch administrative authorities. In our analysis, two general procedural characteristics are taken into account: the involvement of an independent third party and the extent to which the procedure is focused on the conciliation of competing interests. The involvement of an independent third party was not associated with higher levels of procedural justice. Procedures that were perceived to be more focused on the conciliation of competing interests were evaluated as more procedurally just, even more so in disputes where the administrative authority was perceived to have a higher degree of discretion and in disputes that ended in a negative result for the litigant.
ISSN:0885-7466
1573-6725
DOI:10.1007/s11211-023-00428-4