The Role of mandatory ADR and agency engagement in resolving employment discrimination complaints: an Australian perspective

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Abstract

Many jurisdictions struggle with the challenge of how to make their processes accessible, fair, and cost-effective when dealing with employment discrimination complaints. This article examines this problem from an Australian perspective, in the light of comparable arrangements and recent legislative initiatives in the United Kingdom. Much of the emphasis has been on the implementation of mandatory Alternative Dispute Resolution (ADR) processes. While critiquing the 'gatekeeping' role of ADR processes in this context, this article contends that the engagement of human rights and other agencies, and the advice and assistance made available to individuals, is of equal importance in facilitating the resolution of employment discrimination complaints.
LanguageEnglish
Pages27-46
Number of pages20
JournalThe International journal of comparative labour law and industrial relations
Volume31
Issue number1
Publication statusPublished - 2015

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title = "The Role of mandatory ADR and agency engagement in resolving employment discrimination complaints: an Australian perspective",
abstract = "Many jurisdictions struggle with the challenge of how to make their processes accessible, fair, and cost-effective when dealing with employment discrimination complaints. This article examines this problem from an Australian perspective, in the light of comparable arrangements and recent legislative initiatives in the United Kingdom. Much of the emphasis has been on the implementation of mandatory Alternative Dispute Resolution (ADR) processes. While critiquing the 'gatekeeping' role of ADR processes in this context, this article contends that the engagement of human rights and other agencies, and the advice and assistance made available to individuals, is of equal importance in facilitating the resolution of employment discrimination complaints.",
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AB - Many jurisdictions struggle with the challenge of how to make their processes accessible, fair, and cost-effective when dealing with employment discrimination complaints. This article examines this problem from an Australian perspective, in the light of comparable arrangements and recent legislative initiatives in the United Kingdom. Much of the emphasis has been on the implementation of mandatory Alternative Dispute Resolution (ADR) processes. While critiquing the 'gatekeeping' role of ADR processes in this context, this article contends that the engagement of human rights and other agencies, and the advice and assistance made available to individuals, is of equal importance in facilitating the resolution of employment discrimination complaints.

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