Abstract
In Australia, formal discrimination complaints are generally resolved by alternative dispute resolution (ADR). In particular, complaints made under federal human rights legislation are usually resolved by conciliation or mediation. Part A of this paper outlines the use of ADR in federal human rights law. It describes the legislative and policy context in which ADR occurs. Part A outlines how ADR operates in practice - the processes of conciliation and mediation. This part of the paper also identifies the outcomes of ADR. Part B of this paper is an analysis of conciliation and mediation in the context of federal human rights law. It is a critical examination of the arguments for and against ADR. It concludes that, in practice, the process of conciliation does not compromise federal human rights.
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