The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria, Required Skills and Knowledge, the Range Statement and the Assessment Guidelines for this Training Package.

Critical aspects for assessment and evidence required to demonstrate this unit of competency:

The individual being assessed must provide evidence of specified essential knowledge as well as skills

Observation of workplace performance is essential for assessment of this unit

Consistency of performance should be demonstrated over the required range of client situations or scenarios relevant to the workplace including:

facilitated family dispute resolution

family conciliation

co-facilitated dispute resolution

with voluntary and involuntary participants

case of parenting and property disputes

multiparty dispute resolution

complex cases

Access and equity considerations:

All workers in community services should be aware of access, equity and human rights issues in relation to their own area of work

All workers should develop their ability to work in a culturally diverse environment

In recognition of particular issues facing Aboriginal and Torres Strait Islander communities, workers should be aware of cultural, historical and current issues impacting on Aboriginal and Torres Strait Islander people

Assessors and trainers must take into account relevant access and equity issues, in particular relating to factors impacting on Aboriginal and/or Torres Strait Islander clients and communities

Context of and specific resources for assessment:

In cases where the learner does not have the opportunity to cover all relevant aspects in the work environment, the remainder should be assessed through realistic simulations, projects, previous relevant experience or oral questioning on 'What if?' scenarios

Assessment of this unit of competence will usually include observation of processes and procedures, oral and/or written questioning on essential knowledge and skills and consideration of required attitudes

Where performance is not directly observed and/or is required to be demonstrated over a period of time and/or in a number of workplace settings, any evidence should be authenticated by colleagues, supervisors, clients or other appropriate person

Method of assessment may include:

Observation in the workplace

Written assignments/projects or questioning should be used to assess knowledge

Case study and scenario as a basis for discussion of issues and strategies to contribute to best practice

Dispute resolution skills involving actual client contact are to be assessed initially in simulated settings

If successful, further assessment is to be conducted during workplace application under direct supervision of an experienced and qualified dispute resolution practitioner

The assessment environment should not disadvantage the candidate

Assessment practices should take into account any relevant language or cultural issues related to Aboriginality, gender or language barriers other than English

Where the candidate has a disability, reasonable adjustment may be applied during assessment

Language and literacy demands of the assessment task should not be higher than those of the work role

Related units:

This unit is most recommended but not required to be assessed with

CHCDISP801B Facilitate dispute resolution in a family law context

This describes the essential skills and knowledge and their level required for this unit.

Essential knowledge:

The candidate must be able to demonstrate essential knowledge required to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role

These include knowledge of:

Contemporary research and approaches in the provision of conflict management

Contemporary research and approaches in responding to needs of Aboriginal and Torres Strait Islander families and communities

Contemporary research and approaches in responding to needs of Culturally and linguistically diverse families and communities

Thorough understanding of the provision for children and property in the Family Law Act, Child Support (Assessment)Act

Impact of conflict, particularly high and/or ongoing conflict, on children, and the use of child focused and child inclusive techniques to address and minimise these impacts

Understanding and relevant application within job role context of main concepts of family, couple and child dynamics in normal developmental and abnormal forms

An understanding of the sources of power imbalances in relationships and an ability to recognise and respond appropriately to the indicators of such imbalances in their clients.

Procedures and instruments to screen for abuse before and during the dispute resolution process in addition to safety planning requirements and procedures for clients and staff as well as limitations.

Community, educational or other resources for referral or use within the dispute resolution process

Other dispute resolution options such as litigation or community based interventions, as well as their strengths and limitations

Self knowledge, including personal and cultural attitudes toward family conflict and the impact of self on the parties and process

Range of impacts of separation and divorce on couples, parents, children and other family members

Essential skills:

It is critical that the candidate demonstrate the ability to:

Apply dispute diagnostic skills including:

recognising indicators of substance abuse

recognise and respond appropriately to the indicators of domestic and family violence and abuse and power imbalances in client situations

identifying, responding to and managing cultural dimensions of the conflict

recognise own reactions to the dispute and/or disputants that might impair practitioner ability to conduct a fair process

Apply relationship skills including:

effective liaison and working relationships with other allied professionals

establishing and maintaining trust and respect

encouraging client self determination

recognising own reactions to the dispute and/or disputants that might impair practitioner ability to conduct a fair process

applying age appropriate methods of relating to and eliciting perceptions, information and responses from children who have experienced high levels of parental conflict

Apply content management skills including:

obtaining, identifying, analysing, prioritising and evaluating information

assessing the issues and options and reasoning logically

reading, comprehending and using relevant documentation

writing clearly and concisely using neutral language

creating, maintaining and organising records and materials in an appropriate manner

eliciting information from other professionals in the dispute resolution process

using and exchanging information in a manner that broadens rather than limits the participants' options

Apply process skills including

conducting appropriate intake procedures and ascertaining appropriateness of mediation for participants

assisting participants to articulate concerns, negotiate and develop an agenda

assisting participants in converting positions of interest and to explore own underlying interests and become aware of others, particularly children

work within a child focused approach.

encouraging clients to focus on future options and contingencies and to create and assess workable options

assisting clients to understand consequences of their suggestions and plans

The Range Statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Add any essential operating conditions that may be present with training and assessment depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts.

Other professional resources may include:

Lawyers

Counsellors

Community Health

Mental Health

Community Welfare agencies

Child Support Agency

Centrelink

Child Protection agencies

Children's Contact Services

Family Relationship Centres

Parent Educators

Domestic violence services

Capacity for participants to engage in the process may include:

Unwilling

Intellectual and/or other disability or special needs

Cultural or religious factors

Language

Legal requirements

Manipulative or intimidating tactics may include:

Coercion by one party over another

Aggressive body language

Inappropriate expressions of emotions

Real or perceived threatening behaviour or language

Silence, stalling, sabotage and dominance of time in the process

Withdrawing with intent terminate the session before agreements reached as a matter of abuse of power

Refusing to negotiate on any issue

Obtain an undertaking for disclosure of financial and related circumstances:

Obtaining disclosure only if relevant to the issue of disputer resolution and only in accordance with the provisions of the Family Law Act

Limitations of confidentiality may include:

Statutory, judicially or ethically mandated reporting

Potential and/or real risk of harm to self or others disclosed during the dispute resolution process

Terminate a family dispute resolution process may relate to reasons which include but are not limited to :

When the process is being misused by participants

When the usefulness of the process has been exhausted

Misuse of the dispute resolution process may include:

Delaying proceedings in the hope of reinforcing the continuation of an existing arrangement with respect to assets and children

Buying time in order to dissipate or conceal assets

The dispute resolution practitioner is of the opinion that one or both parties is in some way acting in bad faith