SOME CONSIDERATIONS ON THE US AND FRENCH ARBITRATION MODELS FOR THE SETTLEMENT OF ADMINISTRATIVE LAW DISPUTES

The beginning of the XXIth Century has brought social changes and transformations in the Spanish administrative structures. Such changes imply certain modifications in the nature of the conflicts between the Administration and citizens. In such context, the discussion concerning the development of alternative instruments for the settlement of this sort of conflicts arises out. The comparative analysis of the use of ADR in Administrative Law disputes may be very useful to provide a critical approach to the Spanish situation. In this article, we will analyze the existing situation in the United States, home of ADR, and in France. This last analysis will be of great relevance since Spanish Administrative Law is very much based on the French model. The United States and France are two very different administrative systems. Consequently, the way of tackling the possibility of using arbitration for the settlement of administrative disputes differs widely.