Alternative Dispute Resolution (ADR) in Labour and Industrial Relations

The course includes a detailed examination of the theory and practice of ADR methods in the context of an adversarial legal system, to develop an understanding of the operation and implications of various ADR theories and practices and to assess their value. It evaluates the experience in Australia and other common law countries of the development and incorporation of ADR options in dispute resolution, in civil, administrative, family and criminal contexts. Additionally, the course explores the application of ADR processes in the international environment, including International Commercial Arbitration, and other forms of international dispute resolution in noncommercial contexts, including those raising human rights and natural resource issues. The course aims to develop ability to critically assess the legal, social and other issues associated with ADR, and to understand the implications of the operation of those theories in an adversarial legal context.

•          Appreciation of the social relevance and historical context of DR models in Western and other social contexts;
•          Capacity to identify and analyse the complex drivers of dispute behaviour in the community,
•          Understanding of the theoretical models of dispute resolution and capacity to analyse their operation in both legal and social contexts
•          Development of basic mediation skills, including communication, analysis, and issue identification
•          Capacity to engage in simple dispute resolution systems design
•          Ability to adaptively apply ADR theory in varied practical contexts, including international, industrial, and socio political
•          Sophisticated understanding of the ethical and legal ethical issues surrounding Dispute Resolution models and practice.
•          Prepare and present an engaging informative presentation on a chosen area of ADR that expands upon the core themes of the course

TRAINING METHODOLOGY

The training methodology combines lectures, discussions, group exercises and illustrations. Participants will gain both theoretical and practical knowledge of the topics. The emphasis is on the practical application of the topics and as a result participant will go back to the workplace with both the ability and the confidence to apply the techniques learned to their duties.