The relational dimensions of procedural fairness in a tribunal setting

People’s understanding of fair treatment in their interactions with legal and other authorities has been the subject of influential cross jurisdictional research in social psychology. This research has shown that people’s procedural fairness judgements are influenced by the quality of their interactions with authorities. People feel fairly treated when authorities convey trustworthiness and neutrality, and listen to them and treat them with respect, because such treatment conveys a relational message about equal status in the community. This article discusses the findings of an empirical case study which involved interviews with a group of Tribunal Members. The aim was to investigate how they translate the legal rules of procedural fairness into practice. The findings show that the interviewed Members are attuned to both the relational concerns identified in the social psychology literature and the normative dimensions of procedural fairness when they implement the legal rules in their procedural practices.