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77867 Workplace 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.

UTS: Law
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): 78176 Workplace Dispute Resolution

Description

Disputes in the workplace can have serious consequences for the smooth running and productivity of a business, and the mental, emotional and physical health of the workforce. Workplace dispute resolution provides an efficient and cost-effective method of allowing disputants to be heard and their grievances addressed without negatively affecting the morale of the workplace. Workplace dispute resolution may be used to resolve issues at all levels of an organisation from managers to employees.

This subject explores the applications of dispute resolution theory and practical skills in the workplace. It explores the causes of conflict in the workplace and legislative requirements for dealing with workplace disputes. The relevance of a range of dispute resolution processes and the possible challenges to their implementation are explored. Impediments to changing the dispute resolution culture in the workplace are identified. Dispute resolution models and their design for both the private and public sectors are studied.

The subject frames the common sources of workplace disputes and the dispute resolution processes available in a skill-based and theory-informed block mode intensive format. Through role-plays, exercises and interactive discussion, students critically analyse the legal, ethical and normative issues relating to workplace mediation in Australia. Teaching is in an interactive mode with an emphasis on the use of simulations and role-plays to explore theory. The prime assessment is a research paper selected from a list of current issues and the secondary assessment is a case study presented in a seminar format. Students are also assessed on their participation in workshops and discussions.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Persuasively articulate an advanced and integrated understanding of the legal, ethical and normative issues that relate to workplace dispute resolution, including issues of confidentiality, power dynamics, procedural fairness and organisational culture;
2. Demonstrate familiarity with recent changes, including openness in markets, legislative change and innovation in managing workplace conflicts and disputes;
3. Engage actively in discussion about the benefits and challenges of the non-adversarial resolution of disputes in the workplace;
4. Effectively and persuasively communicate argument and theory both orally and in writing;

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)

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 block 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 workplace dispute resolution concepts and methods. This prepares them to experiment with practical implementation of the theory in real-world scenarios through the role-play exercises. The lectures provide students with an in-depth understanding of workplace dispute resolution processes, as well as ethical issues that can arise in relation to workplace dispute resolution practice and consideration of factors such as cultural factors, confidentiality, power dynamics and communication styles. 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 workplace dispute resolution.

Strategy 3

Role-plays, Exercises and Debriefs

Throughout the intensive block, students experience the practical aspects of workplace dispute resolution in simulated role-plays and in-depth case studies. Students build on the theoretical knowledge acquired through the subject materials, lectures and discussions to develop effective and appropriate workplace dispute resolution skills. Splitting into groups at various stages throughout the intensive block, students are given opportunities to actively practise elements of the workplace dispute resolution process. This allows students to gain a hands-on appreciation for the techniques, conflict and difficulties that can arise in workplace dispute resolution 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 workplace dispute resolution, provides them with feedback on their personal facilitative style and heightens their awareness of the issues that can interfere with successful workplace dispute resolution. Students are also required to engage in reflective self-evaluation of their performance, enhancing their understanding of group dynamics in the workplace.

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

Feedback

Individual and group feedback is provided to students during and after completion of each role-play throughout the intensive block. They receive on the spot instruction and support from teaching staff as well as having many opportunities to discuss their experiences with their peers and engage in individual self-evaluation. Students incrementally develop and increase their workplace dispute resolution skills through exploring various role-play characters, receiving feedback, and adjusting their approaches in the next dispute resolution exercise. The formal debrief which concludes each simulation also ensures that students integrate practice with theory and reflect on their improvement as the subject progresses. Written feedback is provided for the assessment tasks.

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 on Thursday 23 March, Friday 24 March and Saturday 25 March and the seminar day on Saturday 10 June.

Attendance at all three (3) days of the intensive block and the final seminar day is compulsory to successfully complete the subject.

Content (topics)

  • Analysis of workplace conflict and its sources.
  • The legal, political and historical contexts within which workplace conflict has been managed and how it is changing.
  • The existing dispute resolution cultures in Australian workplaces.
  • Types of workplace disputes: grievances and management disputes and applicable dispute resolution processes.
  • The theory and role of dispute resolution processes in effecting behavioural change in the workplace.
  • The theory of shaping mediation techniques for resolving workplace disputes.
  • The theory of designing, implementing and evaluating a dispute resolution system for a workplace.
  • The differences between managing public and private sector disputes.
  • Current issues, including bullying, toxic organizations and leadership.
  • Systems Theory in workplace culture and conflict.

Assessment

Assessment task 1: Attendance and Participation

Intent:

This assessment task is intended to assess students’ active contributions to seminar and class discussions and activities.
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 5.0

Weight: 10%
Length:

1,000 word equivalent
Criteria:
  • Regular and active participation in all class activities including large group and small group discussions and active collaboration with peers during discussions throughout the teaching session;
  • Justifiable, well-reasoned and persuasive contribution to advanced class discussions throughout the teaching session;
  • Speaking in class and participating in activities in a manner that demonstrates preparation of class materials prior to attendance;
  • Answer allocated questions supported with appropriate arguments, reasons or relevant primary and secondary material.

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 mediation practice and theory. It provides students with feedback on performance in the subject in relation to skills in analysing and evaluating complex problems and effectively communicating solutions.
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 5.0

Weight: 25%
Length:

1,500 word equivalent
Criteria:
  • Advanced and integrated understanding of topic area;
  • Advanced recognition and reflection of key ethical issues;
  • Compelling and engaging communication of topic knowledge;
  • Evidence of relevant research of primary and secondary materials;
  • Capacity to think critically, strategically and creatively about the subject matter, including the ability to engage in self-reflection and assessment to adjust presentation materials to the needs of the audience;
  • Slides and hand-outs for class members support and enhance the presentation and communication of materials;
  • The bibliography demonstrates depth and breadth of primary and secondary resources.

Assessment task 3: Research Paper

Intent:

This task is intended to assess students’ research skills, ability to analyse and evaluate issues in relation to workplace dispute resolution practices, and ability to develop a clear and well-reasoned argument in writing in relation to these issues. Students are expected to clearly communicate their understanding of the connection between theory and practice and the dynamics of workplace dispute resolution. This provides students with an opportunity to self-direct their learning by conducting an in-depth exploration into an element of workplace dispute resolution practice or theory of personal interest to them.

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 5.0

Weight: 65%
Length:

3,500 words

Criteria:
  • An introduction that effectively describes the nature of the issues and the argument that will be made;
  • A clear and persuasive argument developed and sustained through the essay;
  • Critical analysis and engagement with major theoretical issues in workplace dispute resolution literature;
  • Advanced analysis of ethical standards including integrity, accountability and other issues arising in professional judgment;
  • An advanced and integrated understanding of workplace dispute resolution practice within and outside of the legal system;
  • Evidence of advanced research of primary and secondary legal materials and interdisciplinary research materials;
  • Evidence of an original, strategic and sophisticated argument(s), perspective(s), or response(s) supported by appropriate references and legislation;
  • Well-structured for audience and purpose;
  • Clear, succinct, reasoned, and integrated analysis including correct grammar, punctuation and spelling;
  • A conclusion that draws together the argument introduced in the Introduction and developed in the essay;
  • Appropriate use of Australian Guide to Legal Citation (3rd ed.) for heading levels, formatting, quotes and footnotes;
  • The bibliography demonstrates depth and breadth of primary and secondary resources.

Required texts

Required Reading:

Fair Work Commission, Effective Dispute Resolution Guide (2013, Commonwealth of Australia), available at http://www.fairwork.gov.au/resources/best-practice-guides/pages/effective-dispute-resolution.aspx

Hor, J., Managing Workplace Behaviour – A best practice guide, CCH, 2012.

Bray, M., Waring, P., Cooper, R. & Macnell, J., Employment Relations, McGraw Hill, 2014. (Chapters 1, 3 and 12)

Recommended texts

Brandon, M. & Robertson, L., Conflict and Dispute Resolution: A Guide for Practice, Oxford, South Melbourne, 2007

Cloke, K. & Goldsmith, J., Resolving Conflicts at Work: A complete guide for everyone on the job, Jossey-Bass, San Francisco, 2000.

Constantino, C. & Sickles-Merchant, C., Designing Conflict Management Systems a guide to creating productive and healthy organizations, Jossey-Bass, 1996.

Crawley, J, & Graham, K., Mediation for Managers: Resolving Conflict and Rebuilding Relationships at Work, Nicholas Brealey Publishing, 2002.

Independent Commission Against Corruption, “A Guide to Conducting Internal Investigations”, NSW Government ICAC, March 2012

Deery, Plowman, Walsh, and Brown, Industrial Relations: A contemporary Analysis, 2001. (Ch.9 )

Kolb, D & Bartunek, J Hidden Conflict in Organisations: Uncovering Behind-the-Scenes Disputes, Sage Publications, 1992 (Esp. chaps. 1 & 9)

Jenkins, M., Preventing and Managing Workplace Bullying and Harassment: A Risk Management Approach, Australian Academic Press, 2013.

Lipsky, D., Seeber, R. & Fincher, Emerging Systems for Managing Workplace Conflict: Lessons from American Corporations for Manager and Dispute Resolution Professionals, Jossey-Bass, 2003.

McCarthy, P., Bullying: from backyard to boardroom (2nd ed), Federation Press, 2001

Sappideen, C., O’Grady, P., Riley, J., & Warburton, G., Macken’s Law of Employment, 7th ed, Lawbook Company, Sydney, 2011.

Sheahan, P., Generation Y: Thriving and Surviving with Generation Y at Work, Hardie Grant Books, Melbourne, 2005.

Spencer, D and Hardy S, Dispute Resolution in Australia: Cases, Commentary and Materials, 2014 Thomson Reuters. (See esp. Ch. 10 “Dispute resolution in the workplace”.)

Ury, W L, Brett, J M & Goldberg, S B, Getting Disputes Resolved: Designing Systems to Cut the Cost of Conflict, Jossey-Bass, 1988 .

Van Gramberg, B., Managing Workplace Conflict: Alternative Dispute Resolution in Australia, McGraw-Hill, 2006.

Online and electronic resources

Australian Fair Work Commission http://www.fwc.gov.au

Fair Work Ombudsman http://www.fairwork.gov.au

Human Rights Commission https://www.humanrights.gov.au

Bullyonline http://www.bullyonline.org

Other resources

Clarke, J, Working with Monsters: How to identify and protect yourself from the workplace psychopath, Random House Australia, Sydney 2005

Advisory Conciliation and Arbitration Service (ACAS) UK: http://www.acas.org.uk

http://www.bullyonline.org/