Luis Enrique Osuna Sánchez (Tribunal Federal de Justicia Administrativa, México) has posted The Mexican Model of Alternative Dispute Resolution in Administrative Justice: Legality, Dialogue, and the Resolution of Public Disputes on SSRN. Here is the abstract:
Alternative dispute resolution mechanisms became a decisive component of Mexican administrative justice with the enactment of the General Law on Alternative Dispute Resolution. This development requires moving beyond the traditional public-law assumption that every dispute between citizens and the administration must necessarily end in a unilateral administrative decision or a judicial judgment. This paper argues that alternative dispute resolution in administrative matters is not intended to negotiate the law or weaken traditional judicial review. Rather, it creates, within the limits of legality, an institutional space for dialogue in which the parties may construct solutions when the subject matter is legally disposable, the public authority has power to settle, and the legal conditions for a valid and feasible agreement are met. Chapter VIII of the General Law, together with the Regulations of the Public Center of the Federal Court of Administrative Justice, provides an emerging framework that defines the roles of facilitators and instructing judges, the function of the technical-legal opinion, and the legal effects of settlements. Legality is not diluted by dialogue; it can be strengthened through it.
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Lawrence Solum