LAW 5625 Dispute Resolution in the Workplace

This course equips students with a basic toolkit in alternative dispute resolution (ADR). ADR processes like negotiation, mediation, and arbitration can function as critical mechanisms for resolving workplace conflict. Students will study each of these mechanisms in detail, with particular attention to comparing and contrasting their benefits and drawbacks. They will also consider how ADR differs from litigation. Students then build foundational negotiation and mediation skills to see how these tools can fit into the workplace. Students then turn to arbitration and mandatory employment arbitration, focusing on the legal rules that determine when arbitration agreements are enforceable and how HR professionals should navigate them. The course also explores other ADR mechanisms and hybrid ADR mechanisms, including court connected processes and internal organizational systems such as ombuds programs. Students will also discuss the law and ethics of ADR, including confidentiality, negotiation ethics, and the limits of permissible conduct. The capstone brings everything together as students design a workplace dispute resolution system tailored to a hypothetical employer.

Credits

3