Resolving discrimination claims outside the courts

alternative dispute resolution in Australia and the United Kingdom

Alysia Blackham, Dominique Allen

Research output: Contribution to journalArticleResearchpeer-review

Abstract

Alternative Dispute Resolution (ADR) is a longstanding feature of both
Australian and United Kingdom (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 suggest several key areas in which
the regulatory framework could be reviewed to address these limitations and
risks.
Original languageEnglish
Pages (from-to)253-278
Number of pages26
JournalAustralian Journal of Labour Law
Volume31
Publication statusPublished - 2019

Keywords

  • alternative dispute resolution (ADR)
  • Discrimination law
  • Equality

Cite this

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abstract = "Alternative Dispute Resolution (ADR) is a longstanding feature of bothAustralian and United Kingdom (UK) anti-discrimination law. In this article,we critically examine the advantages and disadvantages of using ADR toresolve a discrimination claim in Australia and the UK, and the effect ADR ishaving on discrimination law more broadly. While the UK and Australia havesimilar discrimination law statutes, and both largely rely on an individualrights model to address discrimination, they use ADR in contrasting ways,and with varying implications in practice. We argue that while ADR offerspotential benefits in resolving discrimination claims, the extensive relianceon ADR in both jurisdictions to resolve disputes risks undermining thedevelopment of discrimination law. We suggest several key areas in whichthe regulatory framework could be reviewed to address these limitations andrisks.",
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Resolving discrimination claims outside the courts : alternative dispute resolution in Australia and the United Kingdom. / Blackham, Alysia; Allen, Dominique.

In: Australian Journal of Labour Law, Vol. 31, 2019, p. 253-278.

Research output: Contribution to journalArticleResearchpeer-review

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AU - Allen, Dominique

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AB - Alternative Dispute Resolution (ADR) is a longstanding feature of bothAustralian and United Kingdom (UK) anti-discrimination law. In this article,we critically examine the advantages and disadvantages of using ADR toresolve a discrimination claim in Australia and the UK, and the effect ADR ishaving on discrimination law more broadly. While the UK and Australia havesimilar discrimination law statutes, and both largely rely on an individualrights model to address discrimination, they use ADR in contrasting ways,and with varying implications in practice. We argue that while ADR offerspotential benefits in resolving discrimination claims, the extensive relianceon ADR in both jurisdictions to resolve disputes risks undermining thedevelopment of discrimination law. We suggest several key areas in whichthe regulatory framework could be reviewed to address these limitations andrisks.

KW - alternative dispute resolution (ADR)

KW - Discrimination law

KW - Equality

M3 - Article

VL - 31

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JO - Australian Journal of Labour Law

JF - Australian Journal of Labour Law

SN - 1030-7222

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