Accountability Forums and Dispute System Design

ABSTRACT

The accountability literature refers to forums of accountability, including judicial and quasi-judicial forums. Administrative agencies enforce law and manage conflict, in part, through quasi-judicial processes, such as adjudication and dispute resolution. This is an arena of public management largely missing in the accountability literature. How is accountability defined, designed, and assessed for the quasi-judicial systems that manage conflicts or resolve disputes in public agencies? This article applies theories of accountability and justice to understand accountability as a mechanism and a virtue in quasi-judicial agency settings. Drawing from the Dispute System Design literature to introduce design principles that enhance accountability to these forums, it provides a framework to assess the accountability promise of justice in these forums and suggests a program for further research on accountability using theories of justice.

KEYWORDS:

• accountability
• conflict management
• dispute resolution
• dispute system design
• justice
• mediation
• performance management
• public management

Acknowledgments

An earlier version of this paper was presented at Symposium on Accountability Study and Design at the annual meeting for the American Society of Public Administration on March 6, 2015, in Chicago, Illinois. The authors would like to thank the Symposium participants, Kaifeng Yang, and four anonymous reviewers for their helpful comments and constructive feedback.

Additional information

Notes on contributors

Lisa Blomgren Amsler

Lisa Blomgren Amsler (formerly Bingham) is Keller-Runden Professor of Public Service at the School of Public and Environmental Affairs at Indiana University Bloomington and Saltman Senior Scholar at the University of Las Vegas Boyd School of Law. An elected fellow of the National Academy of Public Administration, Amsler has published extensively on collaborative governance, administrative law, dispute resolution, dispute system design, and public engagement.

Jessica Sherrod

Jessica Sherrod is a doctoral student in the School of Public and Environmental Affairs at Indiana University Bloomington. Her research interests include public and nonprofit management, collaboration, leadership, and citizen engagement.