Resolving Discrimination Claims Outside the Courts: Alternative Dispute Resolution in Australia and the United Kingdom

(2019) 31 Australian Journal of Labour Law 253–278

U of Melbourne Legal Studies Research Paper No. 842

26 Pages Posted: 30 Apr 2019 Last revised: 8 Oct 2019

See all articles by Alysia Blackham

Alysia Blackham

Melbourne Law School, the University of Melbourne; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

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: March 29, 2019

Abstract

Alternative Dispute Resolution (‘ADR’) is a long-standing feature of both Australian and UK anti-discrimination law. In this article, we critically examine the advantages and disadvantages of using ADR to resolve a discrimination claim in Australia and the UK, and the effect ADR is having on discrimination law more broadly. While the UK and Australia have similar discrimination law statutes, and both largely rely on an individual rights model to address discrimination, they use ADR in contrasting ways, and with varying implications in practice. We argue that while ADR offers potential benefits in resolving discrimination claims, the extensive reliance on ADR in both jurisdictions to resolve disputes risks undermining the development of discrimination law. We offer five key areas in which the regulatory framework could be reviewed to address these limitations and risks.

Keywords: Alternative Dispute Resolution, Anti-Discrimination Law, Equality, Enforcement, Australia, United Kingdom

Suggested Citation

Blackham, Alysia and Allen, Dominique, Resolving Discrimination Claims Outside the Courts: Alternative Dispute Resolution in Australia and the United Kingdom (March 29, 2019). (2019) 31 Australian Journal of Labour Law 253–278, U of Melbourne Legal Studies Research Paper No. 842, Available at SSRN: https://ssrn.com/abstract=3362157 or http://dx.doi.org/10.2139/ssrn.3362157

Alysia Blackham (Contact Author)

Melbourne Law School, the University of Melbourne ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

HOME PAGE: http://https://www.findanexpert.unimelb.edu.au/display/person97769

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

Boalt Hall
Berkeley, CA 94720-7200
United States

Dominique Allen

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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