HRM470-Alternative Dispute Resolution
TOPICS: This course will deal with issues related to conflict and conflict resolution
especially in employment settings. Attention will be paid to issues related
to both unionized and non-union settings. The material presented presumes you
have had some coursework in IRHRM.
SOURCES: The texts for the course will be Roger Fisher and William Ury, Getting
to Yes and Eaton and Keefe, Employment Dispute Resolution and Worker
Rights in the Changing Workplace which can be purchased in the college bookstore.
You will also be required to read substantial selections from Richard Walton
and Robert McKersie, A Behavioral Theory of Labor Negotiations . You
can purchase your own copy of this if you would like to have it from Amazon.com
or you can use it at the library where it is on reserve or you can borrow a
copy from the instructor who has several for that purpose. Other references,
on reserve at the library, include selections from a variety of journals including
in particular the Journal of Conflict Resolution.
REQUIREMENTS: Course requirements will be discussed during the first two weeks
of class. Students will have some control over their mode of assessment
but it will include at least one class presentation (lasting for most of a class
period). Students will also be required to keep a journal recording various
kinds of conflict reported in the news media and other sources. In alternate
weeks, students will discuss their journal entries in class. Both presentations
and journals are discussed in greater detail on the course home page. Changes
in assignments or requirements will be noted on the course home page which can
be found at:
Regular class attendance and participation in class discussion are expected.
Students who attend class and are prepared for discussion on a daily basis can
expect these facts to be reflected in their grades. The inverse is also true.
If you have a documented disability and wish to
seek accommodation, please contact the instructor about that matter during
the first two weeks of the semester.
CLASS SCHEDULE: Please use this schedule to plan your reading which
should be done before the relevant class.
|I - Course Introduction
|B. Origins and Nature of Conflict
|January 26, 28
|II - Theoretical Constructs
|A. Theories of Negotiation
|January 31, February 2,4
|B. Theories of Dispute Resolution
|C. Theories of Alternative Dispute Resolution
|February 23,28 March 2
|III - Dispute Resolution Techniques
|A. Mediation and Fact Finding
|| March 4,7,9,14
|B. Compulsory Arbitration - Labor and Employment
|March 18,21,23, April 4,6
C. Final Offer Arbitration and Other Arbitration Variations
|D. Non-Arbitration Variations
||April 27,29 May 2,4
|IV - Summary and Conclusions
||February 11, 25, March 11, April 8, 22, May 6
||February 16, 18
|Fact Finding Simulation
||As scheduled (see "announcements" link on home page)
||Monday, May 16, noon
WHAT I EXPECT FROM YOU
I expect that you will come to class each evening on time, having done the reading
assignment and prepared to participate by asking and answering questions and
by expressing your opinions. I expect that you will ask questions about anything
you don't understand. I expect that assignments will be done and turned in on
time and that they will reflect the best work you can do. I expect that you
will contact me if you are having any problems in the course or if you are having
personal problems which may affect your performance in the course. Overall,
I expect you to work hard at getting the most out of this course that you possibly
can. In accordance with the policies of the New York State Department of Education
which accredits Le Moyne College, you can expect to be assigned two to three
hours of outside work for each hour of class time in the course.
Regular attendance and class discussion are an integral part of this course.
If you unavoidably have to miss a class you should make sure that you get the
class material from your classmates.
WHAT YOU CAN EXPECT FROM ME
You can expect that I shall come to class on time each day having thought about
and prepared the material. You can expect that I shall answer your questions
to the best of my ability and that your opinions will be heard with respect.
You can expect that your assignments and exams will be graded carefully and
returned in a timely manner and that you will be given an explanation of why
you receive the grades you receive. You can expect that I shall make time to
see you if you need to see me and that I shall keep regular office hours.
WHAT WE SHOULD EXPECT FROM EACH OTHER
A serious commitment to learning and a serious effort toward that end.
The successful student will understand issues of how conflict arises and will
be familiar with the literature which discusses how conflict can be resolved.
The successful student will also acquire techniques for the resolution of conflict
in the workplace and in daily life.
I. B. Origin and Nature of Conflict
- Kim and Mauborgne, "Fair Process: Managing in the Knowledge Economy," HBR
July-August 1997 (photocopy provided)
- Fisher and Ury, Chap. 1, "Don't Bargain Over Positions"
- Walton and McKersie, Chap. 1, "Introduction and Theoretical Framework"
IIA. Theories of Negotiation
- Vuchinich and Teachman, "Influences on the Duration of Wars, Strikes,
Riots and Family Arguments," Journal of Conflict Resolution, September
- Hirshleifer, "The Macrotechnology of Conflict," Journal of Conflict
Resolution, December 2000
- Garfinkel and Skaperdas, "Conflict without Misperceptions or Incomplete
Information," Journal of Conflict Resolution, December 2000
- Hwang and Burgers, "Apprehension and Temptation: The Forces Against
Cooperation," Journal of Conflict Resolution, February 1999
- Walton and McKersie, pp. 11-45, 58-84, 137-143, 352-379
B. Theories of Dispute Resolution
- Raiffa, The Art and Science of Negotiation 1982
- Polzer, "Intergroup Negotiations," Journal of Conflict Resolution
, December 1996
- Sopher, "Concession Behavior in a Bargaining Game: A Laboratory Test
of the Risk Dominance Principle," Journal of Conflict Resolution
, March 1994
- Druckman, "Determinants of Compromising Behavior in Negotiation:
A Meta-Analysis," Journal of Conflict Resolution, September 1994
- Brams and Doherty, "Intransigence in Negotiations," Journal of
Conflict Resolution, December 1993
- Crawford, "A Theory of Disagreement in Bargaining," Econometrica
, May 1982
- Farber and Bazerman, "Why is There Disagreement in Bargaining,"
American Economic Review, Papers and Proceedings, May 1987
- Fisher and Ury, pp. 17-98
- Brett and Goldberg, "Dispute Systems Design," Perspectives on Work , V.1, n.1, 1997
- Cutcher-Gershenfeld, Kochan and Wells, "In Whose Interest? A First
Look at National Survey Data on Interest-Based Bargaining in Labor Relations,"
Industrial Relations, January 2001
- Diana Richards, "Reciprocity and Shared Knowledge Structures in the Prisoners
Dilemma Game," Journal of Conflict Resolution, October 2001
C. Theories of Alternative Dispute Resolution
- Kriesky, "Trends in Dispute Resolution in the Public Sector," Eaton and
- Zack, "Can Alternative Dispute Resolution Help Resolve Employment Disputes?"
International Labour Review, V.136, n.1 Spring 1997
- Donn, "Alternative Impasse Procedures in the Public Sector," Labor Law
Journal, August 1981
- Gamlem and Sommer, "Developing an Alternative Dispute Resolution Program,"
SHRM White Paper, November 1997, (photocopy provided)
- Lipsky and Seeber, "Dispute Resolution in the Changing Workplace,"
Proceedings, Annual Meeting, Industrial Relations Research Association,
San Diego, January 2004 (photocopy provided)
- Hebdon, "Public Sector Dispute Resolution in Transition," in Belman et
al., Public Sector Employment in a Time of Transition
- Posthuma and Swift, "Legalistic and Facilitative Approaches to Arbitration:
Strengths and Weaknesses," Labor Law Journal, Fall 2001
- Babcock and Taylor, "The Role of Arbitrator Uncertainty in Negotiation Impasses,"
Industrial Relations, October 1996
- Farber, "Splitting-the-Difference in Interest Arbitration," Industrial
and Labor Relations Review, October 1981
- Chelius and Extejt, "The Narcotic Effect of Impasse Resolution Procedures,"
Industrial and Labor Relations Review, July 1985
III. A. Mediation and Fact Finding
- Wall, Stark and Standifer, "Mediation: A Current Review and Theory Development,"
Journal of Conflict Resolution, October 2001
- Feuille, "Grievance Mediation," in Eaton and Keefe
- McKelvey, "Fact Finding in Public Employment: Promise or Illusion,"
Industrial and Labor Relations Review, July 1969
- Karper, "Fact Finding in Public Employment: Promise or Illusion Revisited,"
Journal of Collective Negotiations in the Public Sector, V.23, n.4,
B. Compulsory Arbitration: Labor and Employment
- Wissler and Rack, "Assessing Mediator Performance: The Usefulness of
Participant Questionnaires," Journal of Conflict Resolution, V.2004,
- Posthuma et al., "Mediator Tactics and Sources of Conflict: Facilitating
and Inhibiting Effects," Industrial Relations, January 2002
- Zubek et al., "Disputant and Mediator Behaviors Affecting Short-Term Success
in Mediation," Journal of Conflict Resolution, September 1992
- Kaufman and Duncan, "A Formal Framework for Mediator Mechanisms and Motivations,"
Journal of Conflict Resolution, December 1992
- Kleiboer, "Understanding Success and Failure of International Mediation,"
Journal of Conflict Resolution, June 1996
- Grieg, "Moments of Opportunity: Recognizing Conditions of Ripeness
for International Mediation," Journal of Conflict Resolution,
- Dunlop and Zack, "The New Frontier of Employment Dispute Resolution," Perspectives
on Work, V.1, n.1, 1997
- Bingham, "An Update on Employment Arbitration and the Courts," Perspectives
on Work, V.2, n.2, 1998
- Zack, "Agreements to Arbitrate and the Waiver of Rights under Employment
Law," Eaton and Keefe
- Stone, "Employment Arbitration under the Federal Arbitration Act,"
in Eaton and Keefe
- Goldberg, "A Modest Proposal for Better Integrating Collective Bargaining
and Interest Arbitration," The Labor Lawyer, Summer 2003
- Crawford, "Going Dutch: Should Employees Have to Split the Costs of
Arbitration in Disputes Arising from Mandatory Employment Arbitration Agreements?"
Journal of Conflict Resolution, V.2004, n.1
- LeRoy and Feuille, "Short Circuiting Circuit City? Judicial Enforcement
of Mandatory Employment Arbitration," Proceedings, Annual Meeting,
Industrial Relations Research Association, January 2003
- Bethel, "Wrongful Discharge: Litigation or Arbitration," Journal
of Dispute Resolution, 1993 (n.2)
- Keene, "Collective Bargaining and Compulsory Arbitration of Americans with
Disabilities Act Claims," Labor Law Journal, December 1997
C. Final-Offer Arbitration and Other Arbitration
- Stevens, "Is Compulsory Arbitration Compatible with Bargaining," Industrial
Relations, February 1966
- Donn, "Games Final Offer Arbitrators Might Play" (Industrial Relations,
Vol. 16, No. 3, October 1977)
- Donn and Hirsch, "Making Interest Arbitration Costly: A Policy Proposal,"
(Journal of Collective Negotiations in the Public Sector, Vol. 12, No. 1,
- Lewin, "Theoretical and Empirical Research on the Grievance Procedure and
Arbitration: A Critical Review," Eaton and Keefe
- Kaminski, "New Forms of Work Organization and Their Impact on Grievance
Procedures," Eaton and Keefe
- Stokes, "Solomon's Wisdom: An Early Analysis of the Effects of the
Police and Fire Interest Arbitration Reform Act in New Jersey," Journal
of Collective Negotiations in the Public Sector, V.28,n.3, 1999
- McAndrew, "Final-Offer Arbitration: A New Zealand Variation,"
Industrial Relations, October 2003
- Ichniowski and Lewin, "Grievance Procedures and Firm Performance," in Kleiner
et al., Human Resources and the Peformance of the Firm
- Bingham and Mesch, "Decision Making
in Employment and Labor Arbitration," Industrial Relations, October
- Farber, "An Analysis of Final-Offer Arbitration," Journal of Conflict
Resolution, December 1980
- Feuille, "Final Offer Arbitration and Negotiating Incentives," Arbitration
Journal, September 1977
- Petersen and Boller, "Arbitral Responses to the Changing External Law of
Discrimination," Labor Law Journal, December 1998
D. Non-Arbitration Variations
- Sosnick, "Non-Stoppage Strikes: A New Approach," Industrial and Labor
Relations Review, October 1964
- Ayres and Nalebuff, "The Virtues of the Virtual Strike," Forbes,
November 25, 2002
- Caspi, "Virtual Strike," paper presented at the Asian Regional
Conference, International Industrial Relations Association, Seoul, 2003
- Staudohar, "Quasi-Strikes by Public Employees," in Kershen, Impasse and
- Sebenius and Wheeler, "Sports Strikes: Let the Games Continue,"
New York Times, October 30, 1994
- Lax and Sebenius, "A Better Way to Go on Strike," Wall Street
Journal, February 24, 1997
IV. Summary and Conclusions
- Fisher and Ury, pp. 153-154