LIST OF PANELS

Contrary to popular media representations, the conflicts, rights, and entitlements of most people in democratic systems are settled by administrative or quasi-judicial adjudication, not by a full-blown judicial process (Halliday & Scott, 2012; MacIvor, 2018). Traditionally, a public and state delivered service; adjudication is now widely used by universities, municipalities, hospitals, self-regulating professions, and in the private sector, such as construction.  With few exceptions (Amsler & Sherrod, 2017; Rudder, Fritschler, & Choi, 2016), policy and public administration scholarship has not paid sufficient attention to the diversity of non-judicial mechanisms of justice, leaving this question to be examined from purely legal or instrumental approaches (Anderson, 2016; McGregor, 2015; Szmania, Johnson, & Mulligan, 2008). The absence of policy and public administration scholars’ voices from discussions on the proliferation of these settings is most obvious at the normative level, in determining not only the possibility and contours of delivering justice outside of the state but the suitability of doing so.

Amsler, L. B., & Sherrod, J. (2017). Accountability Forums and Dispute System Design. Public Performance & Management Review, 40(3), 529-550. doi:10.1080/15309576.2016.1277111

Anderson, M. J. (2016). Campus Sexual Assault Adjudication and Resistance to Reform. Yale Law Journal, 125(7), 1940-2005.

Halliday, S., & Scott, C. (2012). Administrative Justice. In P. Cane & H. M. Kritzer (Eds.), The Oxford Handbook of Empirical Legal Research (pp. 469-491). Oxford Handbooks Online Oxford University Press.

MacIvor, H. (2018). An Introduction to Administrative Law. In C. Dunn (Ed.), The Handbook of Canadian Public Administration (pp. 75-96). Don Mills: Oxford University Press.

McGregor, L. (2015). Alternative Dispute Resolution and Human Rights: Developing a Rights-Based Approach through the ECHR. European Journal of International Law, 26(3), 607-634. doi:10.1093/ejil/chv039

Rudder, C. E., Fritschler, A. L., & Choi, Y. J. (2016). Public Policymaking by Private Organizations: Challenges to Democratic Governance: Brookings Institution Press.

Szmania, S. J., Johnson, A. M., & Mulligan, M. (2008). Alternative Dispute Resolution in Medical Malpractice: A Survey of Emerging Trends and Practices. Conflict resolution Quarterly, 26(1), 71-96.

This panel aims to trace and examine broad patterns of change in the expansion and institutionalization of non-judicial mechanisms of justice around the world. We invite propositions that address different policy areas, geographical regions, and time periods. We particularly welcome propositions that are based on original empirical research and demonstrate an intention of contributing to theoretical understandings of the transformation in state responsibilities regarding the administration of justice.