Settling sexual harassment complaints - what benefits does ADR offer?

Research output: Contribution to journalArticleResearchpeer-review

Abstract

Sexual harassment complaints are predominantly resolved through confidential
alternative dispute resolution (ADR) processes rather than a tribunal
hearing, so very little is known about the type of complaints which are made
or how they are being resolved. This secrecy has created problems for the
law’s development and its effectiveness. This article compares settlement
agreements negotiated through ADR with tribunal orders, so as to identify
whether ADR offers any additional benefits to the process of addressing
sexual harassment and to identify changes to the process which would
increase the law’s effectiveness while maintaining the benefits of ADR. Very
little is known about the type of settlements negotiated in this jurisdiction, so
the secondary purpose of the study is to provide information about how
sexual harassment is being addressed.
Original languageEnglish
Pages (from-to)169-177
Number of pages9
JournalAustralasian Dispute Resolution Journal
Volume24
Publication statusPublished - 2013
Externally publishedYes

Keywords

  • alternative dispute resolution (ADR)
  • tribunal hearing

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