OVERCOMING THE UNAVAILABILITY OF THE OBJECT IN DISPUTE AND THE IMPORTANCE OF ANALYSIS BASED ON CRITERIA OF ECONOMY AND EFFICIENCY FOR THE CHOICE OF THE APPROPRIATE MEANS OF CONFLICT RESOLUTION BY THE PUBLIC ADMINISTRATION

Abstract

This article aims to promote a rereading of the available public interest, based on several premises and concepts developed by the procedural and administrative doctrine over the past few years, so that it is possible to discover which are the cases in which the Public Administration may elect an alternative mechanism for the resolution of conflicts, and, among the existing species, with emphasis on arbitration and mediation, how should evaluate the best method to be used, based on an analysis based on criteria of economy and efficiency , in line with the constitutionally established principles.

Keywords

• availability of the disputed object
• alternative means of conflict resolution
• mediation
• arbitration
• public administration
• economics
• efficiency