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What is a negotiated solution in cases of discrimination?

A negotiated solution is an agreement between parties to resolve a problem without going to court. In cases of discrimination, Unia usually opts for this approach. 

Why select a negotiated solution in discrimination cases?

A negotiated solution involves making creative and practical agreements that serve the interests of all parties involved. This benefits both the victim and society as a whole:

  • Faster results and lower costs: legal proceedings are time-consuming and expensive.
  • Sustainable solutions: results are better adhered to because they come from a shared consultation.
  • Structural impact: a negotiated solution can have broader social relevance and prevent other discrimination.

How does a negotiated solution proceed?

There are several steps in a negotiated resolution of a discrimination case:

  • Reporting: the victim makes a report via 0800 12 800 or the online reporting form.
  • File compilation: we collect all information provided by the victim and any other parties involved. For example, union, witnesses, etc.
  • Analysis: we check whether we are competent and whether the file meets the conditions to start a negotiation procedure.
  • Strategy definition: we review with the victim the different options for negotiation.
  • Negotiation: we sit down with the parties involved to negotiate a solution.

What is the outcome of a negotiated solution?

A negotiated solution can have various outcomes: 

  • Reparation measures for the victim: for example, an acknowledgement of the facts and possible compensation.
  • Structural measures: for example, a diversity plan, a new procedure or information campaign.
  • Confidentiality regarding the content and the agreements. 

The outcome can be recorded in a settlement agreement or in another document such as a formal letter

Example of a negotiated solution: a victim is offered an apology (reparation measure). In addition, an awareness campaign is developed (structural measure). Colleagues of the victim will follow training to prevent discrimination in the future. 

When is a negotiated solution appropriate?

  • The parties have to want to cooperate. 
  • The case file has to be complete enough and contain sufficient elements for a presumption of discrimination. 
  • Sustainable and structural changes have to be possible. 

If there is no willingness or openness from one of the parties, a negotiated solution will not work. It is also possible that legal action may be unavoidable. Good to know: Unia only goes to court in 1% of cases of discrimination or hate speech.

What can Unia do for you in a negotiated solution?

Unia supports you in every phase of the negotiation process:

  • Advice and guidance: we are there for you from the analysis to the follow-up of agreements.
  • Expertise: you can count on our legal and practical support during the negotiations.