77850 Psychology and Dispute Resolution
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): (79771c Dispute Resolution AND (22 credit points of completed study in spk(s): C04147 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07074 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies)) OR (78101c Postgraduate Legal Research AND 79771 Dispute Resolution) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law AND 79771 Dispute Resolution) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78143 Psychology and Dispute Resolution
Description
Dispute resolution processes generally occur at a time of high emotion for the participants. As a result, it can be greatly beneficial if the professionals involved have a working understanding of the psychological issues that may be relevant, can recognise potential problems as they arise, and have practised skills to deal with their impact.
This subject introduces students to key concepts in psychology that relate specifically to dispute resolution practices. The focus is on both the theory and practice of psychology and its application to dispute resolution processes. New psychological concepts are introduced in a sophisticated dialogue of historical and contemporary research and application as well as future directions and relevance to dispute resolution. These are explored, one by one, beginning with the past and current theory and incorporating quality research findings, application to dispute resolution, reflection and future directions.
Through readings, lectures, discussions and interactive exercises, students analyse conflict and then apply new skills and paradigms to work more effectively with ongoing conflict and within dispute resolution processes. A series of guided questions encourages students to reflect upon the style and process that works best for them and to then apply relevant elements in simulations, role-plays and professional practice. Through debriefings, discussions and reflective practice, students develop and practice advanced skills in conceptualising and applying psychological theories in conflict and dispute resolution.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Explain, synthesise and apply psychological theory and research to dispute resolution processes and conflicts; |
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| 2. | Construct and communicate clear, well-reasoned and insightful analysis and arguments supported by research and scholarship; |
| 3. | Present research findings in an engaging manner orally to an audience of professionals from a wide range of disciplines; |
| 4. | Reflect and assess personal capabilities and performance from an advanced and integrated perspective so as to effectuate immediate and effective adaptation; |
| 5. | Critically analyse the personal and professional benefits and issues arising from the application of psychological concepts to disputes and conflict. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Disciplinary Knowledge
An advanced and integrated understanding of a complex body of legal knowledge including:
A range of non-adversarial dispute resolution processes including commercial, family, community and court annexed processes; and
The broader contexts within non-adversarial dispute resolution processes operate and arise including consensual processes, decisional theory, regulatory, cultural, social justice, and ethical contexts. (1.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively about non-adversarial dispute resolution processes, including the ability to identify and articulate complex issues, apply reasoning and research to generate appropriate responses to problems and engage in critical analysis (3.0) - Communication and Collaboration
Effective and appropriate academic and professional communication skills including:
Highly effective use of the English language, to convey and comprehend, legal concepts and views, in relevant and appropriate modes and to different audiences;
An ability to communicate to inform, analyse, report, evaluate, argue and persuade; and
An ability to express and structure a sustained and logical argument (5.0) - Self management
A high level of autonomy, adaptability, accountability and professionalism, and, the ability to implement appropriate self-management and lifelong learning strategies including:
The ability to support personal and professional development by reflecting on and assessing their own capabilities and performance, making use of feedback as appropriate, and then developing and implementing strategies for improvement, making use of available resources and assistance as appropriate; and
A capacity to adapt to and embrace change and a commitment to ongoing learning. (6.0)
Teaching and learning strategies
Strategy 1
Independent and self-directed Learning
Preparation activities are outlined on UTSOnline and include resources such as videos, websites and self-directed learning exercises. Engaging with these materials and completing review questions enables students to clarify concepts and terminology and to familiarise themselves with necessary content and skills prior to attending the intensive block. Students continue preparing independently for each day of the intensive by reflecting overnight upon the day’s learning. Days 2 and 3 of the intensive block begin with a review where students share their questions and observations from the previous day. During the intensive, students proactively manage their time when participating in group exercises and role-play opportunities. There is ongoing encouragement for students to learn from each other and responsibly practise new skills by experimenting with ideas in the role-plays, as well as reflecting on their experiences through class discussion and group reporting. This requirement for self-directed learning and time-management mirrors the requirements of professional practice. Self-management strategies and independent learning are crucial to continuing development as legal professionals and dispute resolution practitioners.
Strategy 2
Engaging in Lectures and Seminars
Intensive block days involve a combination of lectures and interactive workshop sessions. In the lectures, students develop a thorough understanding of psychological concepts and methods. This prepares them to experiment with practical implementation of the theory in real-world scenarios through the roleplay exercises. The lectures provide students with an in-depth understanding of psychological processes as well as ethical issues that can arise in relation to dispute resolution and consideration of factors such as attribution bias, emotional intelligence and trust issues. Students are encouraged to ask questions, clarify theoretical issues, explore new ideas and practise critiquing theories and literature during participatory lectures, class discussion and debriefing sessions. Students are also challenged to reflect on their own learned professional behaviours in the light of their new understanding of psychology in the context of dispute resolution.
Strategy 3
Role-plays, Exercises and Debriefs
Throughout the intensive block, students experience the practical influence of psychology on dispute resolution in simulated role-plays and exploratory exercises. Students build on the theoretical knowledge acquired through the subject materials, lectures and discussions to develop effective and appropriate skills for dealing with psychological issues. Splitting into groups at various stages throughout the intensive block, students participate in guided exercises that highlight the psychological issues arising in times of conflict and stress. This allows students to gain a hands-on appreciation for the emotions and difficulties that can arise in a dispute resolution process while in a supportive, non-threatening environment. At the end of each day, students share and explore their experiences, gaining insight into the perspectives of those performing other roles in the process. This encourages greater awareness of the factors that can impact dispute resolution, provides them with feedback on their personal psychological skills and heightens their awareness of the issues that can interfere with successful dispute resolution. Students are also required to engage in reflective self-evaluation of their performance, enhancing their understanding of group dynamics between dispute resolution practitioners and their clients in a range of situations.
Strategy 4
Oral Presentations
Students present their research findings to their peers during the seminar day (following the intensive 3 day block). Feedback from oral presentations is instructive for the final research essay. This task provides an opportunity to develop oral advocacy skills and demonstrate an advanced and integrated knowledge of, and critical engagement with, dispute resolution theories and/or practices. Students receive feedback from their peers and teachers on their knowledge of a subject area, their skills in analysing and evaluating complex problems and their ability to communicate their thoughts and relevant information in a clear, coherent and confident manner.
Strategy 5
Reflective Practice and Feedback
Throughout the intensive block, students are guided through a series of reflective practices. These exercises allow students to develop and apply their own reflective practice to better develop professional skills and practices. Through actively participating in these reflective opportunities and journaling about their experience, students develop the abilities to give and receive immediate feedback and adjust to the immediate and changing needs of conflicts and processes.
Subject Delivery
The subject is presented in block mode over 4 days: a three-day intensive block plus one seminar day.
The intensive block will take place [Autumn 2018 TBC] and the seminar day on [Autumn 2018 TBC].
Eighty percent attendance (80%) of this programme is a requirement for successful completion of this subject. Attendance for all student presentations is a pre-requisite for assessment in this subject.
Content (topics)
- Frameworks: psychology, conflict and dispute resolution
- Influence of behaviour, cognition and emotion on dispute resolution
- Mental models, attribution bias, group identity and emotional regard
- Developing self-awareness of one's own dispute resolution style
- Influence of personality, communication style, and emotional intelligence
- Empathy: the importance and application of empathy in dispute resolution
- The effect of emotions on dispute resolution
- Dealing with difficult people and emotions
- Rebuilding trust during dispute resolution
- Building a dispute resolution toolkit
- Planning how to deal most effectively with conflict
- Preventing conflict through focusing on relationships and effective communication
Assessment
Assessment task 1: Reflective Practice Journal
| Intent: | This assessment task is intended to assess students’ active participation in, engagement with and understanding of the reflective exercises, the learning that they take away from those exercises and their willingness to be curious about their own mental and emotional challenges as a dispute resolution practitioner. |
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| Objective(s): | This task addresses the following subject learning objectives: 4 and 5 This task contributes specifically to the development of the following graduate attributes: 5.0 and 6.0 |
| Weight: | 20% |
| Length: | 1,500 words |
| Criteria: |
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Assessment task 2: Seminar Presentation
| Intent: | This task provides an opportunity to develop oral advocacy skills and demonstrate an advanced and integrated knowledge of, and critical engagement with, psychology theory and practice in conflict and dispute resolution. It also provides students with feedback on their performance in the subject in relation to skills in analysing and evaluating complex problems and effectively communicating solutions. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
| Weight: | 20% |
| Length: | 10 minutes; 1,500 word equivalent |
| Criteria: |
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Assessment task 3: Research Paper
| Intent: | This task is designed to assist students to review, synthesise and reflect upon learning in relation to psychology theories and processes relevant to dispute resolution. This assessment provides students the opportunity for advanced research and critical analysis on the current issues in psychology and dispute resolution. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 5.0 and 6.0 |
| Weight: | 60% |
| Length: | 3,000 words |
| Criteria: |
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Required texts
There is no prescribed text for this subject. Reading materials will be available at UTSOnline.
Recommended texts
The following readings expand on the material presented in the intensive program activities: it includes general readings together with a list of further readings that will be useful in the subject. The list is by no means exhaustive, and students will be expected to research wider resources for the preparation of their research paper.
For Dispute Resolution:
Michael L Moffitt, and Robert C Bordone (eds) The Handbook of Dispute Resolution (Jossey-Bass, 2005)
For Conflict Resolution:
Peter T Coleman, Morton Deutsch and Eric C Marcus (eds) The Handbook of Conflict Resolution: Theory and Practice (Jossey-Bass, 3rd ed, 2014)
Or the earlier editions: Peter T Coleman, Morton Deutsch and Eric C Marcus (eds) The Handbook of Conflict Resolution: Theory and Practice (Jossey-Bass, 2nd ed, 2006)
Peter T Coleman and Morton Deutsch (eds) The Handbook of Conflict Resolution: Theory and Practice (Jossey-Bass, 2000)
Daniel Bowling and David Hoffman (eds) Bringing Peace into the Room: How the Personal Qualities of the Mediator Impact the Process of Conflict Resolution (Jossey Bass, 2003)
Gerard Egan, The Skilled Helper: A Problem-Management and Opportunity-Development Approach to Helping (Cengage Learning, 9th ed, 2009)
Gerard Egan, Exercises in Helping Skills: A Manual to Accompany The Skilled Helper (Cengage Learning, 9th ed, 2009)
Daniel Shapiro and Roger Fisher, Beyond Reason: Using Emotions as You Negotiate (Viking Penguin, 2005)
Roy J Lewicki, David M Saunders and Bruce Barry, Negotiation (McGraw Hill Education, 7th ed, 2015)
Michael Lewis, Jeannette M Haviland-Jones and Lisa Feldman Barrett (eds) Handbook of Emotions (The Guilford Press, 3rd ed, 2008)
Douglas Stone, Bruce Patton and Sheila Heen, Difficult Conversations: How to Discuss What Matters Most (Penguin Books, 2000)
Other resources
www.authentichappiness.sas.upenn.edu
Journals (General)
Personality and Social Psychology
Bulletin Journal of Personality and Social Psychology
Annual Review of Psychology?
Australasian Dispute Resolution Journal
The ADR Bulletin
Mediation Quarterly
Journal Database:
psychINFO
