Part II NHRIs in action
APF Photo by Michael Power.
5. ALTERNATIVE DISPUTE RESOLUTION
Some NHRIs seek to resolve complaints by using alternative dispute resolution processes, such as
mediation or conciliation.
This approach, which is usually less adversarial than formal investigations, allows the parties to a
complaint to talk through the issues and settle the matter on mutually agreeable terms.
An officer of the NHRI will generally act as a facilitator to provide information about the relevant laws
and human rights standards, help ensure that each party is heard, maintain an equal power balance
between the parties and support the discussions so that an agreed solution can be reached.
In many countries, NHRIs have successfully used alternative dispute resolution to address complaints
related to employment issues, access to goods and services and discriminatory laws and policies.
Where a mutually acceptable solution can be reached, the NHRI will record the outcome in a settlement
agreement. The terms of the agreement should “be consistent with international and national human
rights law, should resolve the grievances of the parties, and should be sustainable ... Settlement
agreements that result from conciliation should be in the public interest”.239
Outcomes will vary depending on the nature of the complaint. However, they can include an apology,
reinstatement to employment, compensation for lost wages, changes to workplace, industry or
government policies, or a requirement for human rights training involving the respondent organization.
Alternative dispute resolution can also be a very effective tool for bringing about sustained changes in
attitudes and behaviour.
239
Ibid; p. 95.
Chapter 7: Investigating allegations of human rights violations | 95
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