32 S e cti o n ON E – GENERAL The mediation process has many positive aspects, but some challenges remain. The Commission is required human rights Commission’s dispute to provide a neutral, objective service. In doing so it resolution process – discrimination actively promotes understanding of the HRA to the parties complaints involved. The mediators, as well as the process itself, mitigate any power imbalance to a large extent; but at times individuals will come up against well resourced organisations (including in the state sector) with access to legal advice, which can cause some individuals to find Approaches received by InfoLine advisors • Listen / gather data / provide information • Self-help / offer options / referrals it difficult to advocate for their position without similar support. If mediation is unsuccessful, the parties can take their resolved unresolved complaint to the Human Rights Review Tribunal. The Office of Human Rights Proceedings provides free legal representation (subject to certain criteria) to applicants who have been unable to resolve their complaint through Mediators • Provide informal intervention and try to mediation. Access to the tribunal itself is designed to reduce barriers to participation. There are no filing fees, and procedures are reasonably informal and inclusive, although costs can be awarded against an unsuccessful applicant. Legal resolve dispute • Provide sounding board for discussion of human rights issues • Gather data for systemic issues • Encourage attitudinal change representation is unnecessary, but it can be difficult for lay litigants to fully comprehend the technicalities involved, and may result in an unfair outcome if one or both parties are not legally represented. In Howard v resolved unresolved Attorney-General (No. 3), 25 for example, the tribunal observed that: … there are dangers in trying to resolve novel and complex issues in a situation in which Assessment • Discrimination jurisdiction • Allocation there has, in effect, been argument on one side only. Mediator Indicators of inequality and discrimination • Contacts parties • Seeks to mediate / resolve International treaty bodies have repeatedly expressed concern about inequalities in New Zealand. For example, the most recent report of the Committee on Economic, Social and Cultural Rights commented on the persistent resolved unresolved inequalities between Maori and non-Maori in access to education, and the high drop-out rates, especially among Maori children and young people and disadvantaged and marginalised groups. 26 It also commented 25 (2008) 8 HRNZ 378 26 CESCR E/C.12/1/Add.88 (2003), para 20 Office of Human Human Rights Rights Proceedings Review Tribunal