{"title":"Procedural Justice and the Design of Administrative Dispute Resolution Procedures","authors":"Marc Wever, Jan Fekke Ybema","doi":"10.1007/s11211-023-00428-4","DOIUrl":null,"url":null,"abstract":"Abstract 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.","PeriodicalId":47602,"journal":{"name":"Social Justice Research","volume":null,"pages":null},"PeriodicalIF":1.6000,"publicationDate":"2023-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Social Justice Research","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1007/s11211-023-00428-4","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"PSYCHOLOGY, SOCIAL","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract 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.
期刊介绍：
Social Justice Research, is an international multidisciplinary forum for the publication of original papers that have broad implications for social scientists investigating the origins, structures, and consequences of justice in human affairs. The journal encompasses the justice-related work (using traditional and novel approaches) of all social scientists-psychologists, sociologists, anthropologists, economists, policy scientists, political scientists, legal researchers, management scientists, and others. Its multidisciplinary approach furthers the integration of the various social science perspectives. In addition to original research papers - theoretical, empirical, and methodological - the journal also publishes book reviews and, from time to time, special thematic issues.
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