The document discusses dispute resolution processes at the Australian Human Rights Commission. It describes the statutory investigation and conciliation services provided to resolve complaints alleging discrimination or human rights breaches. The conciliation process involves preparatory discussions between parties and a conciliator, with the goal of exploring issues and negotiating a mutually agreeable resolution. The conciliator aims to ensure a fair and informed process for both complainants and respondents while maximizing the potential for resolution. Challenges include balancing facilitation with evaluation and addressing power imbalances between parties.

1. Dispute Resolution at
the Australian
Human Rights
CommissionJOANA D’OREY NOVO
SENIOR INVESTIGATOR/CONCILIATOR
25 AUGUST 2015

2. Investigation and Conciliation
Service
Statutory investigation and conciliation of complaints
alleging discrimination and breaches of human rights
under federal discrimination and human rights legislation:
 Australian Human Rights Commission Act 1986 (Cth)
 Racial Discrimination Act 1975 (Cth)
 Sex Discrimination Act 1984 (Cth)
 Disability Discrimination Act 1992 (Cth)
 Age Discrimination Act 2004 (Cth)

3. The Complaint Process
Complaint triage
Closure Formal response Early conciliation
Court option Conciliation Not resolved Resolved
Resolved Not resolved
Court option / Reporting

4. Statutory Conciliation
 Conciliator assists parties to explore issues and negotiate
mutually satisfactory resolution
 Held face-to-face around Australia, by telephone or
through a shuttle process
 Conciliator bound by confidentiality provisions, but not
parties
 Attendance is at conciliator’s discretion
 Commission can compel attendance at a compulsory
conciliation conference
 Conciliator must have regard to nature of conciliation
settlements

5. Conciliation Process
 Preparatory discussions
 Pre-conference meetings
 Conciliator’s remarks
 Party opening statements
 Discussion and exploration of issues
 Caucus meetings
 Negotiation

6. A Blended Process
 Facilitative elements
 Evaluative elements

7. A Narrative to Inform Practice
 We are not disinterested neutrals – we have a
professional interest to educate about the law and
further the objects of the law
 We are impartial in that we are not advocates for
complainants or respondents in particular disputes and
we do not have a personal interest in the outcome of
complaints
 We provide information rather than telling parties what to
do or making determinations

8. A Narrative to Inform Practice
 We are here to assist both complainants and respondents and
provide a high quality professional service
 We aim to ensure that the process is fair for all involved and
this may require active intervention and treating complainants
and respondents differently to enable a more ‘equal playing
field’
 We aim to ensure that complainants and respondents make
informed decisions and explore all options for resolution
 Our interventions are focussed on maximising the potential for
resolution

9. Conciliation Resources & Initiatives
 Information sheets for parties
 Information sheet for lawyers and other representatives
 Preparation questions
 Conciliation video – Pathways to Resolution
 Conciliation Register

10. Some Draft Statistics
 The Commission finalised 2,251 complaints and received
20,020 enquiries
 There was a 72% conciliation success rate
 51% of all complaints were conciliated
 26% of agreements included outcomes that were
systemic in nature
 The complaint process took an average of 3.7 months
 92% of parties were satisfied with the process, with 73%
rating the service as ‘very good’ or ‘excellent’
 88% of parties thought our process was fair

11. Challenges for Statutory
Conciliators
 Ideological nature of disputes
 Balancing facilitative and evaluative aspects of
conciliation
 Maintaining perception of impartiality
 Addressing inherent and other power imbalances
 Party perceptions about the strengths and weaknesses
of a complaint
 Principal/agent issues
 Time/resource constraints

12. Specific Tools for
Statutory Conciliation
 A smorgasbord of ideas and options
 Bring the other into the room
 Conciliator dance
 Find the pea under the mattress
 Focus on the issue rather than the behaviour
 Generic few –v- Specific one
 Butter before you cut
 Help them see the forest and the trees
 Questions before statements
 ‘Achievable’ –v- ‘Reasonable’
 What’s in it for them