Behind the Conciliation Doors
Settling Discrimination Complaints in Victoria
Bibliographic Data
| ID | 14970831 |
|---|---|
| Authors | Dominique Allen (0000-0003-3974-0850, corresponding author) |
| Year | 2009 |
| Volume | 18 |
| Issue | 3 |
| Pages | 778-799 |
| Publication date | 2009-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Griffith Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1038-3441 • E-ISSN: 1839-4205 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/10854664.2009.10854664 |
| OpenAlex | W3124367746 |
| Language | EN |
| Citations received | 7 |
| References cited | 4 |
The vast majority of discrimination complaints do not reach a substantive hearing. Most are resolved through alternative dispute resolution (ADR), or withdrawn or settled prior to hearing; however, there is little publicly available information on the outcomes the parties negotiate prior to hearing.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 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
Conciliation · Dispute resolution · Doors · Mediation · Negotiation · Political science · Project commissioning · Publishing · Sociology · Discrimination and Equality Law · Dispute Resolution and Class Actions · Engineering · Law · Legal Issues in South Africa · Psychology
Voices in the Human Rights Dialogue
Religious anti-discrimination legislation and the negotiation of difference in Victoria, Australia
Against Settlement? Owen Fiss, ADR and Australian Discrimination Law
In defence of settlement
Thou shalt not discriminate
Using Public Interest Litigation to Achieve Systemic Change for People with a Disability
Using empirical research to advance workplace equality law scholarship
| Unique citing works | 7 |
|---|---|
| Citations per year | 0,41 |
| Citation span | 2009 - 2022 (14) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 7 |