78143 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.

UTS: Law
Credit points: 8 cp
Result type: Grade and marks

Requisite(s): (78100c Postgraduate Legal Research AND 78136 Dispute Resolution) OR (78136 Dispute Resolution AND (102 credit points of completed study in spk(s): C04236 Juris Doctor OR 102 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration))
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): 77850 Psychology and Dispute Resolution

Description

This subject is an introduction to key concepts in psychology that have relevance for dispute resolution practise. A main focus of this subject is the application of psychological concepts to disputes and conflict situations in order to understand what is going on and to start to learn to harness new skills and paradigms to work more effectively with ongoing conflict and within the dispute resolution process.

It is presented in an intensive program of three full-day sessions on campus plus a day of seminar presentations. These four day sessions are supplemented by readings and research in an area of the subject that interests the student.

During the full-day sessions each psychological concept is explored using the following format:

• theory: past and current
• research: evidence for and against the theory
• application of the concept to dispute resolution
• practice: exercises, homework, role-play
• discussion: as a student/practitioner how can I apply this?; what is its value?; what have I learnt?
• future directions:
  • how is the concept evolving?; what are the implications for the practice of dispute resolution?
  • as a student/practitioner: where do I go from here?; what action can I take?

Subject learning objectives (SLOs)

1.	demonstrate a broad understanding of the dispute resolution process and conflict informed by psychological theory and research;
2.	demonstrate a broader view informed by research in psychology of current dispute resolution/conflict processes and practice;
3.	understand key psychological concepts in cognition, behaviour, and emotion informed by theory and research;
4.	understand the benefits and issues arising from the application of psychological concepts to disputes and conflict;
5.	understand and start to identify professional and personal frameworks used in dispute and conflict.
6.	demonstrate methods to increase knowledge of self in conflict and, initiate application of skills and paradigms which correspond with personal needs based on knowledge of self;
7.	demonstrate and identify personal and professional skills appropriate to resolving 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)
• 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: Lectures: Information delivery and class discussion during the three-day intensive teaching program to investigate the juncture between psychology and Dispute Resolution.
Strategy 2: Participation in class exercises and simulated role plays (with debriefing) to develop skills and further understanding of self and others in dispute.
Strategy 3: Reflective practice to consolidate key concepts and facilitate the students understanding of self in conflict.
Strategy 4: Class presentations by fellow students on the seminar day to consolidate individual learning and to expand students understanding of the topic through their peers self-directed research, diverse interests knowledge.
Strategy 5: Student directed reading (linked to lectures) and independent research for preparation of a written research paper.

Subject Delivery
The intensive program is held over 3 full days on campus, plus a full day of seminar presentations. The focus is on delivering to students both the theory and practice of psychology and its application to dispute resolution processes through a series of lectures, discussions, simulations and student seminar presentations. The student is encouraged to reflect upon the style and process that works best for that student and to practice in a supportive environment the theoretical elements that have been taught. Students are expected to attend each day for the full program and full 80% attendance and participation is a pre-requisite for assessment.

Content (topics)

1. General: The application of Psychology to Dispute Resolution
2. Frameworks: psychology, conflict and dispute resolution
3. Theory and research: in support of current practice
4. Influence on dispute resolution of behaviour, cognition and emotion
5. The impact on dispute resolution of mental models, attribution bias, group identity, and emotional regard
6. Developing self-awareness of one’s own dispute resolution style
7. Influence on dispute resolution of personality, communication style, and emotional intelligence
8. Empathy: the importance and application of empathy in dispute resolution
9. The effects of emotions on dispute resolution
10. Dealing with difficult people and emotions
 

Assessment

Assessment task 1: Seminar Presentation

Intent:	Demonstrate understanding of subject content and appropriate application to the assessment task at hand.
Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3, 4, 5, 6 and 7 This task contributes specifically to the development of the following graduate attributes: 1.0, 5.0 and 6.0
Weight:	30%
Length:	There is no set word limit, as this presentation and the supporting slides / synopsis and bibliography, is deemed to be equivalent to 1500 words of formal writing.
Criteria:	Seminar content Logically Presented Summarised concisely Integrated Clear, relevant examples given ood analysis Well-referenced Originality in combining or contrasting different aspects of the literature and how these relate to theory and/or practice, Challenging review or analysis Originality in development of concepts Outstanding research Presentation Précis and bibliography handed out to class Use of visual aids: overheads/video/cartoons/brochures/PowerPoint Logical progression with material/data well analysed Familiarity with material Clarity/fluency of delivery Appropriate use of time Interactive presentation – exercise/role play Innovative presentation Overall Presentation Excellent Well Done Good Satisfactory Room for Improvement

Assessment task 2: Research Paper

Intent:	Demonstrate wider reading to enhance and comment on the current issues. Demonstrate critical appraisal of the framework and assumptions that underpin the subject content. Address the assessment task succinctly, clearly and with relevance and insight
Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3, 4, 5, 6 and 7 This task contributes specifically to the development of the following graduate attributes: 1.0, 5.0 and 6.0
Weight:	70%
Length:	5,000 words
Criteria:	Introduction Interpretation of task and Introduction to paper Excellent/Very Good/ Good: Introduction shows a sound understanding of the issues and provides a clear outline of the scope of the issues. Satisfactory: Generally satisfactory, although it could provide a clearer outline of the scope of the issues to be canvassed/scope of the issues not fully defined Needs more/much more work Launches straight in with little or no attempt to introduce and define the issues or the issues may have been misunderstood Content Understanding of the topic Excellent/Very Good/ Good: Demonstrated understanding of the issues Satisfactory: Satisfactory grasp of the basic issues and ideas around the topic Needs more/much more work: Some/too much misunderstanding, factual error and/or significant omission Logical development Excellent/Very Good/ Good: Develops a logical argument and organises ideas clearly Satisfactory: Could be better organised by sequencing (some) material more appropriately Needs more/much more work: Ideas not clear – line of argument not clear enough Research skills Excellent/Very Good/ Good: All the material included was relevant to the task- critical and comprehensive use of relevant authorities. Satisfactory: Likely sources and reference material covered – some/too much space spent reciting facts Needs more/much more work: Little evidence of supportive reading/inadequate preparation – some/too much irrelevant and/or repetitive material is included Use of authorities Level of analysis Excellent/Very Good/ Good: Well-argued – all relevant issues explored and evaluated, and conclusions reached Satisfactory: Most main issues explored – some analysis and evaluation present Needs more/much more work: More analysis required – work is descriptive, accepting and/or one-sided with little analysis or criticism. Insight and originality Excellent/Very Good/ Good: Clear evidence of insight, imagination and innovative thought Satisfactory: Satisfactory use of authorities Needs more/much more work: Derivative – over-reliance on material quoted/paraphrased from secondary sources (eg textbooks) Conclusion Excellent/Very Good/ Good: Good concluding section drawing together the various points made Satisfactory: Rather brief and formalised conclusion – drew overall points together Needs more/much more work: The writing ends abruptly and/or simply re-phrases the introduction and/or is confusing Other Matters Spelling Excellent/Very Good/ Good: No significant errors – correct and effective use of English Satisfactory: Some errors present and/or fails to use plain English – otherwise satisfactory Needs more/much more work: These matters require attention. Style is too casual or careless or colloquial Grammar and syntax Style Footnotes/endnotes Excellent/Very Good/ Good: Effective use Satisfactory: Requires attention – some inappropriate material included Needs more/much more work: Requires much urgent attention – used ineffectively or not at all.

Required texts

78143 Psychology & Dispute Resolution Reading materials will be available at UTS online.

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

• Moffitt, M. L. & Bordone, R.C. (Eds.) The Handbook of Dispute Resolution, Jossey-Bass ( A Wiley Imprint) San Francisco, 2005

For Conflict Resolution

• Deutsch M. & Coleman P.T. (Eds.) The Handbook of Conflict Resolution: Theory and Practice, San Francisco, Jossey-Bass, 2000

Or the later edition

• Deutsch, M., Coleman P. T., Marcus E. C. (Eds.) The Handbook of Conflict Resolution: Theory and Practice (second edition), San Francisco, Jossey-Bass, 2006

Other resources

Bowling, D & Hoffman, D (Eds) Bringing Peace Into the Room: How the Personal Qualities of the Mediator Impact the Process of Conflict Resolution San Francisco, Jossey-Bass, 2003

Egan, G The Skilled Helper: A Problem-Management and Opportunity-Development Approach to Helping, Ninth Edition, Brooks/Cole, Cengage Learning, California, 2009
Egan, G Exercises in Helping Skills: A Manual to Accompany The Skilled Helper, Ninth Edition. Brooks/Cole, Cengage Learning, California, 2009
Fisher, R & Shapiro, D Beyond Reason Using Emotions as You Negotiate, Viking Penguin, USA, 2005
Lewicki, RJ, Barry, B Saunders. Negotiation Sixth Edition, McGraw-Hill/Irwin, USA, 2009
Lewis, M, Haviland-Jones, JM & Feldman Barrett, L (Eds.) Handbook of Emotions Third Edition, The Guilford Press, New York, 2008
Stone, D, Patton, B & Heen, S Difficult Conversations: How to Discuss What Matters Most, Penguin Books, USA, 2000

Journal Database

• psychINFO

These readings will be supplemented throughout the course with article references, as well as text references covering application of skills.

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

Useful Websites

• www.ekman.com
• www.authentichappiness.sas.upenn.edu
• www.mediate.com
• www.ama.asn.au