Adjudication for Administrative Agencies, Boards and Tribunals

Get a solid grounding in the legal structure and fundamental principles that are the essential foundations for any adjudicator.

Introduction to Administrative Adjudication

• Adjudication as a form of dispute resolution
• Nature and scope of administrative adjudication
• Common elements of administrative proceedings Administrative Law Fundamentals
• What can administrative tribunals do?
• What limits are imposed?
• What do they do?
• How do they do it?

Focus on Procedural Fairness – Right to be Heard

• Key principles and central aspects underlying procedural fairness
• The right to be heard: notice and participation
• In Ontario: Statutory Powers Procedure Act

Focus on Procedural Fairness – Independence and Impartiality

• Key principles underlying the right to an impartial and independent decision‑maker
• Impartiality and independence concerns
• “S/he who hears must decide”

Using video demonstrations and group discussion, and focusing on issues drawn from actual hearings, this session will equip you with the key knowledge and practical strategies you need to run a proceeding in a fair and efficient manner.

Before the Proceeding: Preparation and Case Management

• Mediation/other early intervention to resolve
• Preparation for the proceeding
• Case management, including case conferences
• Preliminary or procedural requests

Effective Communication and Opening the Proceeding

• Effective communication for adjudicators
• Opening the proceeding

Conducting a Proceeding

• Proceeding stages and formats
• Oral testimony: direct examination, cross‑examination, re‑examination
• Admitting documents into evidence
• Maintaining confidentiality and protecting privacy
• Closing the proceeding

Evidence Key Principles

• What is evidence? What are the key concepts?
• The rules of evidence in administrative adjudication
• A rubric for approaching evidence
• Common challenges: hearsay, documents, privilege, expert evidence

Proceeding Management Challenges

• Managing objections
• Assisting self‑represented parties
• Dealing with under representation
• Encouraging and maintaining appropriate behaviour

Active Adjudication

• Adversarial v. inquisitorial dispute resolution
• Goals and rationales: efficiency and proportionality; power imbalance and self‑representation
• Concerns and limits to active adjudication
• Forms of active adjudication
  • Adjudicator questioning
  • Other innovations, including limiting proceedings
  • Other best practices and opportunities

Culturally Competent Adjudication

• What is cultural competence?
• Why is it important for adjudicators?
• Three building blocks:
  • Acknowledge the risk of implicit bias and check your assumptions
  • Take culture into account – appropriately – in making decisions
  • Ensure that the process is inclusive, accessible, and respectful

Human Rights Obligations

• The duty to accommodate
• Key obligations
• Linguistic, religious and disability accommodation
• Mental health and addiction challenges
  

Deliberations and Decision‑making

• Deliberations: the process, best practices
• Deciding: key considerations
• Oral versus written decisions

Principles of Effective Decision‑writing

• The duty to give reasons
• Fundamental goals of effective decision writing: clarity and conciseness
• Principles to achieve those goals: audience, context and point‑first, identifying the deep issues

Applying the Principles – Issue‑driven organization and effective introductions

• Structure the decision using the issues: issue‑driven organization
• Put the issues into an effective introduction to the decision

Applying the Principles – Context before details in the body of the decision

• Use context before details when reviewing the evidence, the law and making reference to caselaw and statutes
• Consider how much detail is required

Throughout the hearing process, adjudicators must remain neutral, ensure the hearing is accessible to all parties and keep control of the hearing room. Through discussions of complex, challenging scenarios in small groups, you will explore the best practices reviewed in Module 2 and receive proactive tips to competently and confidently manage these challenges.

In the second part of this module, you will continue working in small groups to apply the decision-writing principles explored in Module 3, doing hands-on exercises guided by expert facilitators. You will also learn more about the writing process and how to revise effectively to meet your writing goals.

The hearing simulation provides an important opportunity to pull together the skills and practice what you have learned, in a non‑intimidating environment. Working in small breakout groups with skilled facilitators, you’ll engage in a mock simulation and perform the key functions of a hearing panel.

This is a hands‑on opportunity to practice hearing management, including ruling on objections, dealing with various procedural challenges and conferring effectively as a panel on procedural rulings and the outcome of the case. Each panel will develop and deliver an oral judgment, practicing their decision‑writing training from Module 4. Benefit from detailed, individualized feedback from experienced counsel and adjudicators.

The day concludes with a group debriefing and reflection – comparing and contrasting the various rulings – followed by concluding comments from the faculty and the group.