Should Administrative Law Judges Play A Greater Dispute Resolution Role?
The ability of an administrative law judge (ALJ) to play a role in dispute resolution in administrative appeals has not been the subject of much public discussion, probably because it has not been generally recognized as an ALJ function. Parties to administrative disputes are thus generally unaware that ALJ’s can use prehearing conferences as a powerful tool for dispute resolution. Background Typically, administrative proceedings begin when someone is “aggrieved” by an agency action. Federal and state law require that first such claims be raised within the agency’s internal administrative review process before they may be brought in court. This process affords agencies an opportunity to reevaluate their decisions as well as a chance for all parties to consider alternative approaches to resolving their disputes. In Massachusetts, the Division of Administrative Law Appeals generally handles the appeals of agency decisions. But many agencies, including the Department of Environmental Prot
