78176 Workplace Dispute Resolution

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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 OR ((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.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 77867 Workplace Dispute Resolution

Description

This subject builds onto the introductory theory and practice presented in the subject Dispute Resolution. This subject studies the significant changes in the past decade of both public and private sector dispute resolution processes and conflict management cultures. The supporting legislation for these cultural changes is also studied in relation to the opportunities offered to disputing parties to find satisfying solutions from both their own and their workplace perspectives.

Subject learning objectives (SLOs)

1.	understand the theories, practice and principles of law relevant to this subject;
2.	understand and critically analyse the challenges of conflict management at the modern workplace;
3.	demonstrate written analytical skills and the ability to argue persuasively;
4.	demonstrate familiarity with recent changes, including openness in markets, legislative change and innovation in managing workplace conflicts and disputes;
5.	demonstrate skills in researching, writing and presenting.

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)
• Ethics and Professional Responsibility
  An advanced and integrated capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility, an ability to reflect upon and respond to ethical challenges in practice, and a developing ability to engage in the profession of law and to exercise professional judgment. (2.0)
• 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)
• Research Skills
  Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions. (4.0)
• 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 program
Strategy 2 Simulated role plays and debriefing: Participation in class exercises and role plays.
Strategy 3 Student directed reading and research in selected areas.
Strategy 4 Class presentations to fellow students of their research topics on the seminar day.

Subject Delivery
Three day intensive mode workshop/lecture program, plus one day seminar presentations.

Expectation of Student Participation:
Students are expected to engage in the role play simulations and exercises as well as participating in group discussions and debriefing sessions.

Attendance:
Students are expected to attend at least 90% of the time allocated to the workshop. For satisfactory completion of the subject. Attendance at the seminar day is compulsory

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: Seminar Presentation

Objective(s):	This task addresses the following subject learning objectives: 1, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 2.0, 3.0 and 5.0
Weight:	20%
Length:	Whilst there is no word limit, as such, for this task the presentation will be deemed to be equivalent to 2,000 words of formal writing.

Assessment task 2: Research Paper

Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0, 4.0, 5.0 and 6.0
Weight:	80%
Length:	5,000 words

Required texts

Reading materials will be posted on UTS online.

Recommended texts

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

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

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.

Crime and Misconduct Commission (Qld), Facing the Facts: A CMC guide for dealing with suspected official misconduct in Queensland, 3rd ed, 2007.

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

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

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”,(provided on LearnJCU).
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

References

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

http://www.bullyonline.org