The opportunity for mediation as a mechanism of openness and flexibility in the administrative procedure in the context of a relational public administration (CA-ES)

In the light of transformations to administrative law, this study sets out an opportunity for introducing administrative mediation into the administrative procedure, in the context of a relational public administration. To do this, it firstly discusses the impact of the relational public administration on how the administrative procedure is conceived and advocates the incorporation of administrative mediation as an instrument for innovation and a mechanism for procedural openness and flexibility. Secondly, it analyses the limited regulation on administrative mediation that already exists. Thirdly, it describes some of the recent progress in this field and provides examples of mediation within the administrative procedure (in administrative sanction and disciplinary procedures and as a mechanism to replace administrative appeals). Finally, it offers proposals for the future regulation of mediation in administrative procedures, while also discussing some of the obstacles to the successful implementation of such a mechanism.