Behind the Conciliation Doors Settling Discrimination Complaints in Victoria

Griffith Law Review, Vol. 18, No. 3, p. 778, 2009

22 Pages Posted: 13 Aug 2009 Last revised: 9 Oct 2015

See all articles by Dominique Allen

Dominique Allen

Labour, Equality and Human Rights research group, Department of Business Law, Monash Business School; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: August 10, 2009

Abstract

The vast majority of discrimination complaints do not reach a substantive hearing. Most are resolved through ADR or withdrawn or settled prior to hearing but there is little publicly available information on the outcomes the parties negotiate prior to hearing.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 parties decide to settle rather than litigate and examines what outcome complainants seek initially and what they settle for. Since many of the findings are consistent with earlier empirical studies, the article concludes by canvassing recent reform options which would address persistent problems with anti-discrimination law and improve its effectiveness in addressing individual complaints and wider discrimination.

Keywords: discrimination, conciliation, remedies, ADR

Suggested Citation

Allen, Dominique, Behind the Conciliation Doors Settling Discrimination Complaints in Victoria (August 10, 2009). Griffith Law Review, Vol. 18, No. 3, p. 778, 2009, Available at SSRN: https://ssrn.com/abstract=1447045

Dominique Allen (Contact Author)

Labour, Equality and Human Rights research group, Department of Business Law, Monash Business School ( email )

Caulfield Campus
Sir John Monash Drive
Caulfield East, Victoria 3084
Australia

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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