Behind the Conciliation Doors

Dominique Allen
2009 Griffith Law Review  
The vast majority of discrimination complaints do not reach a substantive hearing . Most are resolved through alternative dispute resolution (ADR), or withdrawn or settled prio r to hearing; however. there is little publicly available information on the outcomes the parties negotiate prior to hearing. This article presents a study of settling discrimination complaints in Victoria based on Interviews conducted with participants in that process. It explores the reasons why parties decide to
more » ... ies decide to settle rather than litigate, and examines what outcome complainants initially seek and what they ultimately settle for. Since many of the findings are consistent with earlier empirical studies, the article concludes by canvassing recent reform options that would address persistent problems with anti-discrimination law and improve its effectiveness in addressing individual complaints and wider discrimination. COJllp laint ·h and Jill g procts~es in lI11'ec juri sd ictions,. VEOHKC (2006 07); VirlOlian Ci-":il and Adminis(rative Tribunal (2006---07); Anli-Di scrirninali nn (:01 n In is-sio T1 Quee.ns 1 J nd (2006 il7); 11 RrJ )C (20()(} ... 0 7): F.;:; Cler al Magistrdtc~ Courl of Auslra1ia (2006---D7). The AliRe <lIld the Quccns13nd Anti, Discrim ination Commission record complaintt: made ((bOll t In u !tip le attributes. multiple '!llles. To en sure Illat Lill" table cants i 11~ the m (l st (lCCll ra (e data, th e ti, tal n limber () r co III pIal n ts was u:-;!;d an d ~exua I harassm cnl and
doi:10.1080/10854664.2009.10854664 fatcat:trrk4w5ta5h5jm7awosu65kmim