Conciliation des Litiges et Formes Alternatives de Régulation en Droit Administratif Fédéral

TL;DRAbstract

Despite the considerable attention devoted to Alternative Dispute Resolution (ADR) in Canada, few studies are available on its impact in public law, especially in federal administrative law. Yet, there is much evidence that these techniques are increasingly used and it is therefore timely to catalogue and classify them. To this end, a distinction is drawn between dispute resolution techniques used for transactional purposes and those used for regulatory purposes. This classification provides the basis for a theoretical analysis which focuses on public law and raises questions generally neglected in the existing literature concerning ADR: the particular nature of federal law, the reality of the state and of public law, the legal framework, the duality of "public interest/ordre public," the diversity of administrative functions, institutional pluralism, and finally, the legality of the use of these mechanisms in public law. The expansion of the use of ADR promotes a diversification of th

Chat with Paper

AI Agents for this Paper