5.1 Table 5.1 compares the responses of ADB Complainants (see Chapter 3) and Respondents (see Chapter 4) to a number of key questions and statements. Table 5.1 includes separate data for all Complainants and Respondents, for those Complainants and Respondents who had attended a conciliation conference, and for those Complainants and Respondents who had not done so.

5.2 As already noted, more Respondents (66%) than Complainants (40%) described themselves as either fairly satisfied or very satisfied with the final outcome of the matter. A higher proportion of Respondents (28%) than Complainants (19%) characterised themselves as the successful party. As for perceptions of fairness or lack or bias, fewer Complainants (53%) than Respondents (70%) agreed that the matter had been handled fairly by the ADB; on the other hand, 31% of the Respondents, as against 16% of the Complainants, perceived that the ADB was biased against them.

5.3 As observed in earlier sections of the Report, these comparisons are complicated by the fact that, because there is a Respondent on the record only in cases which have gone a certain distance through the Board's processes, the Complainants surveyed are referring to a larger cross-section of ADB complaints than are the Respondents. It is therefore of particular interest to summarise both Complainant and Respondent responses in that group of cases where the parties attended a conciliation conference, and to compare these with the cases where they did not attend such a conference. Columns 3-6 in Table 5.1 present this information. The table demonstrates that:

• The responses of Complainants who attended a conciliation conference were generally more positive than those of Complainants who did not do so (for example 62% of Complainants in cases that went to a conciliation conference, but only 34% of Complainants in other cases, expressed satisfaction with the final outcome).

• The responses of Respondents who attended a conciliation conference were in a number of respects less positive than those of other Respondents (for example 51% of Respondents in cases that went to a conciliation conference, but 80% of Respondents in other cases, expressed satisfaction with the outcome).

• Among the parties who had attended a conciliation conference, more Complainants (30%) than Respondents (15%) characterised themselves as the successful party, and more Complainants (62%) than Respondents (51%) expressed satisfaction with the final outcome of the complaint.

5.4 In summary, it appears that the Respondent was in general more likely to have a positive view of ADB processes and outcomes in those cases which did not get to the stage of a conciliation conference; the Complainant appears more likely to have been satisfied in cases which did go to a conference. In those cases which did not involve a conciliation conference the Respondents tended as a group to be more satisfied than the Complainants; in cases where there was a conciliation conference it was the Complainants who were in a number of respects the more satisfied group.

Table 5.1: Comparison of ADB Complainant and ADB Respondent responses

	% of all ADB Complainants	% of all ADB Respondents	% of Complainants in cases where there was a conciliation conference	% of Respondents in cases where there was a conciliation conference	% of Complainants in cases where there was no conciliation conference	% of Respondents in cases with there was no conciliation conference
	(n = 425)	(n = 179)	(n = 86)	(n = 84)	(n = 333)	(n = 94)
Views on the ADB's handling of the matter:
- Agree that ADB handled complaint fairly	53%	70%	66%	64%	49%	76%
- Agree that ADB was biased against me/us	16%	31%	14%	38%	17%	23%
- Agree that ADB took too long to deal with the matter	45%	33%	62%	37%	41%	30%
- Agree that the procedures at the ADB were quite difficult to follow	23%	21%	24%	21%	23%	21%
- Agree that ADB kept me/us clearly informed about what was happening	61%	60%	69%	64%	59%	56%
- Agree that ADB staff were generally courteous and helpful	76%	80%	83%	83%	74%	77%
- ADB staff clearly understood the complaint *	66%	n/a	83%	n/a	62%	n/a
- ADB gave enough time and attention to the complaint *	51%	n/a	66%	n/a	47%	n/a
Perception of the outcome of the complaint:
- I was/we were successful, outcome was in my/our favour	19%	28%	30%	15%	16%	40%
- A compromise between the parties	12%	32%	20%	51%	10%	15%
- The other party was successful, outcome was in the other party's favour	14%	8%	13%	12%	14%	4%
- No clear outcome	33%	17%	24%	17%	36%	17%
Satisfaction with final outcome:
- Very satisfied/ Fairly satisfied	40%	66%	62%	51%	34%	80%
- Very dissatisfied/ Fairly dissatisfied	52%	29%	34%	44%	57%	14%

* Statements put to Complainants but not Respondents

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5.5 Table 5.2 brings together Complainant and Respondent responses relating directly to the conciliation conference itself. It shows that large majorities of both Complainants and Respondents believed that the ADB had clearly explained to them the purpose of the conciliation conference, and that at the conference they had had a reasonable chance to say what they wanted to say. The percentage of Respondents (94%) who stated that they clearly understood what was happening during the conciliation conference was considerably higher than the corresponding percentage of Complainants (71%). On the other hand more Respondents (36%) than Complainants (23%) felt that the conciliator had put pressure on them to agree to a settlement.

Table 5.2: Complainants' and Respondents' opinions on the conciliation conference

	Percentage of ADB Complainants	Percentage of ADB Respondents
	(n = 86)	(n = 84)
- The ADB clearly explained the purpose of the conciliation conference	81%	89%
- Had a reasonable chance to say what I/we wanted	81%	92%
- Understood clearly what was happening during the conference	71%	94%
- Felt that conciliator put pressure on me/us to agree to a settlement	23%	36%

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1. In the Western Australian survey, 65% of Complainants and 49% of Respondents interviewed were "satisfied" with the conciliation processes which they had experienced: WA Report at 60.