- Run: Yearly (September - December)
- Rating: 22.5 credits
- Assessment: x3 essays (1,500 words) 20% each; Final essay (5,000 words) 40%
- Module convenor: Ms Renate Dendorfer
The purpose of this module is to provide knowledge of Alternative Dispute Resolution in labour and also corporate disputes. When talking about labour disputes, the focus will be on disputes between employees, employers and works council and employer and unions. When talking about corporate disputes, the focus will be on disputes within the management who acts according to certain jurisdictions also in the field of labour law, as well as between management and supervisory bodies.
Part I: Characteristics of Employment Disputes
Typical employment disputes and disputes at the workplace, in companies and organisations; history of employment disputes; stakeholders and players in employment and labour disputes; regulatory framework in different countries; existing conflict resolution mechanisms for employment disputes; risks and costs of employment conflicts; mandatory ADR procedures.
Part II: Resolving Employment Disputes by ADR
Applicable ADR procedures in conflicts with individual employees, the management, works council and unions; power contest, rights contests and interest reconciliation; Pros and Cons of ADR in employment disputes, legal; factual and other restraints for ADR in employment disputes; roles of stakeholders and lawyers.
Part III: Avoiding Employment Disputes
ADR corporate policies, ADR manuals and ADR clauses; conflict prevention by paradigm shift and managerial mediation; ADR trainings for management and employees; examples.
Part IV: Incorporating ADR into Systems: Dispute Systems Design
Diagnosis of the organisation and of the disputes; self commitment of the management; organisational assessment; constructing conflict management models; knowledge and skill base; implementation; evaluation and measuring program effectiveness; incentives and rewards; resistance and constraints; changing the corporate culture: CSR – Corporate Social Responsibility and ADR; examples.