Alternative Means of Redress

Abstract

This chapter discusses alternative, non-judicial means to compensate citizens aggrieved by public bodies by examining the two jurisdictions, and includes a comparative analysis of statutory and administrative compensation schemes in England and France. Modes alternative to French litigation include creating a formalized settlement of dispute between parties (transaction), involvement of a third party to find a solution (conciliation), and seeking the Médiateur from the institution of the French Ombudsman, le Médiateur de la République, to investigate complaints referred by a Parliamentary deputy or senator from members of the public or companies (mediation model). The use of the mediation model extends to local and other public authorities such as the post office, the SNCF, and educational institutions. In England, public bodies may grant compensation to victims of administration blunders through ex gratia payment without admitting legal liability, although the statutory authority for doing so is not entirely clear.