Behind the Conciliation Doors Settling Discrimination Complaints in Victoria

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 Most are resolved through ADR or withdrawn or settled prior to hearing but there is little publicly available information on the outcomes the parties negotiate prior to hearing.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