In defence of settlement: resolving discrimination complaints by agreement

Allen,D 2014, In defence of settlement: resolving discrimination complaints by agreement, International journal of discrimination and the law, vol. 14, no. 4, pp. 199-220, doi: 10.1177/1358229114548145.

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Title In defence of settlement: resolving discrimination complaints by agreement
Author(s) Allen,D
Journal name International journal of discrimination and the law
Volume number 14
Issue number 4
Start page 199
End page 220
Publisher Sage Publications
Place of publication London, England
Publication date 2014-12
ISSN 1358-2291
Keyword(s) ADR, conciliation, Australia, enforcement, systemic, remedy
Summary Alternative dispute resolution (ADR) has become an entrenched feature of Australia’s anti-discrimination law, so much so that the vast majority of discrimination complaints are settled. There are many reasons to be against settlement but with reference to a study of the outcomes negotiated in discrimination complaints settled in Queensland, this article shows that there are valid reasons to be in favour of settlement, particularly when it results in systemic remedies which would not be obtained otherwise. The article concludes by presenting modifications to the existing complaint resolution system which would retain ADR while ensuring that the wider, systemic aspects of a discrimination claim are also addressed by introducing an institution with the power to enforce the law.
Language eng
DOI 10.1177/1358229114548145
Field of Research 180114 Human Rights Law
Socio Economic Objective 940406 Legal Processes
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2014, Sage Publications
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Document type: Journal Article
Collection: Law
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