Title: Disputant Preferences for Mediated or Adjudicated Processes in Administrative Agencies: The Occupational Safety and Health Review Commission
Abstract: Previous research examining preferences for mediation over more formal adjudicative proceedings is limited and mostly experimental. Moreover, this work has not examined preferences in relation to repeated experience with various types of proceedings. We recently surveyed disputants who have experienced different types of proceedings at the Occupational Safety and Health Review Commission (OSHRC). We find that the higher the perceptions of procedural justice, the greater the preference for use of mediation. In addition, the more total experience disputants have in the OSHRC dispute system design (including both adjudication and settlement judge mediation), the greater their preference for mediation.
Publication Year: 2016
Publication Date: 2016-07-31
Language: en
Type: article
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