Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Self-Represented Litigants, Active Adjudication And The Perception Of Bias: Issues In Administrative Law, Michelle Flaherty
Self-Represented Litigants, Active Adjudication And The Perception Of Bias: Issues In Administrative Law, Michelle Flaherty
Dalhousie Law Journal
This paper advocates for a more active role for adjudicators, one in which they provide direction to parties and actively shape the hearing process. Active adjudication can be an important access to justice tool. Without some direction and assistance from the adjudicator, growing numbers of self-represented litigants cannot meaningfully access administrative justice. Importantly, however, as the role of the adjudicator shifts, so too must our understanding of the notion of impartiality If it is unfair to expect self-represented litigants to navigate the hearing process without adjudicative assistance and direction, it is also unfair to insist on a vision of impartiality …