Human rights and anti-discrimination law in Australia, as in many other countries, provides individuals and groups with the right to lodge complaints with an administrative agency which has responsibility for the investigation and conciliation of such complaints. The conciliation process can be said to be undertaken in the ‘shadow of the law’, as complaints are located in a legislative framework with the option of complaints being heard by an administrative tribunal or court if conciliation is not appropriate or is unsuccessful.
Raymond, Tracey and Georgalis, Sofie
"Dispute resolution in the changing shadow of the law: a study of parties’ views on the conciliation process in federal anti-discrimination law,"
ADR Bulletin: Vol. 6
, Article 4.
Available at: http://epublications.bond.edu.au/adr/vol6/iss2/4