Decision making on the suitability of disputes for statutory conciliation: enabling appropriate access, particularly for people with disabilities

This research addressed the question of how decision making on the suitability of disputes for statutory conciliation can enable appropriate access to these processes as a means of resolving disputes, particularly for people with disabilities. The findings are based on empirical research conducted with 17 statutory complaint bodies with legislative remit to conciliate complaints about health or disability services, or discrimination. The research explored the statutory bodies’ models and approaches to conciliation, their decision-making processes, criteria used in decision making, legislative and contextual factors affecting referrals to conciliation, and approaches to power imbalances, capacity and participation of people with disabilities. On the basis of these findings, an ‘enabling model of decision making’ is proposed to address the important issues of equal and effective access to conciliation.