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Elements and Performance Criteria

  1. Provide information about the mediation process
  2. Clarify information presented relating to the dispute
  3. Assess readiness to participate
  4. Clarify commitment to the process
  5. Prepare venue and resources for mediation

Required Skills

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

Understanding of the application of relevant legislation

Awareness of different cultural systems for dispute resolution and how these may interact with the agency system

The legal social cultural and economic and context within which the ADR practice is occurring

Other dispute resolution procedures within the Agency

Relevant relationships such as couple family and group relationships

Availability of professional academic technical community and educational resources for client use or referral

Legal ethical and associated standards that may be applicable if the case were taken further to trial

The structures resources processes and requirements of the agency

Essential skills

It is critical that the candidate demonstrate the ability to

Use appropriate interpersonal skills and knowledge of the agency system to guide the mediation process in particular to

establish confidence with parties through using appropriate interpersonal styles and methods

accurately identify parties issues

apply the agency systems

refer parties to appropriate others as required to match needs

interpret accurately and comply with legal and procedural requirements

apply accurate understanding of own work roles and responsibilities in relation to service delivery

In addition the candidate must be able 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 the ability to

Maintain confidentiality and to deal effectively with breaches of confidentiality especially when personal safety is threatened

Apply questioning and active listening skills that establishes client confidence and facilitates disclosure

Apply problem solving skills

Apply literacy and communication skills in relation to analysis evaluation and presentation of information including preparing documents and reports related to legal requirements and client needs

Maintain documentation as required including effective use of relevant information technology in line wit work health and safety WHS guidelines

Evidence Required

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

Evidence of competency in this unit will need to be assessed over a period of time in order to gather evidence of consistent performance

This will include contexts applicable to the work environment such as actual or simulated workplace situations involving a combination of direct indirect and supplementary forms of evidence

Evidence will be determined by selection from the Range Statement justified in terms of work requirements work roles and responsibilities and occupational specialisations

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 andor Torres Strait Islander clients and communities

Context of and specific resources for assessment

This unit can be assessed independently however holistic assessment practice with other community services units of competency is encouraged

Where assessment is conducted within the workplace there are no resource implications above those normally available in the workplace

Where assessment is conducted in a simulated or nonworkplace environment then access to the necessary equipment and research resources should be providedAccess to simulated exercises case studies related to mediation service delivery issues is also required if nonworkplace assessment paths are utilised

Where assessment is conducted in a simulated or non-workplace environment then access to the necessary equipment and research resources should be provided
Access to simulated exercises, case studies related to mediation service delivery issues is also required if non-workplace assessment paths are utilised

Method of assessment

Demonstration of competency within the working environment in preparing for the mediation process

Where there is not an 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

Observation of processes and procedures oral andor written questions on Essential knowledge and skills and consideration of required attitudes

Where performance is not directly observed andor is required to be demonstrated over a period of time andor in a number of locations any evidence should be authenticated by colleagues supervisors clients or other appropriate persons

Review of any documentation produced by the candidate related to the preparation for mediation


Range Statement

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.

Knowledge refers to:

The understanding of relevant theories, principles, practices their application and other aspects of knowledge, which may be desirable or necessary in order to practice effectively an ADR process

Mediation process refers to knowledge about the procedural and understanding of requirements for dispute resolution within the agency, and may include:

The theory, systems and methods of dispute resolution processes and the place of the Agency within these

The management and conduct of a dispute resolution process

Stages of a dispute resolution process, and how they can be used most effectively

Assessment of individual cases to determine limitations of the ADR processes

Recognition of when a ADR process is not being effective

How to ensure fairness within procedure

Criteria for exercising discretion on procedural matters, for example, consultations with individual parties, and duration

How to identify who may be significant others and how to manage their appropriate involvement

How to enable parties to consider all relevant information and work towards their own decisions

Parties may include:

Individuals (including youth, adults and the aged)

Referred or self-referred clients

Voluntary and involuntary clients

Issues presented by parties may be further clarified through:

Interviews with parties, family, significant others and carers

Applications and other forms

Case documentation

Using specialist communicators

Information from professionals

Information from service providers

Previous file records

Client consent (verbal and written)

Cultural perspectives involve:

The significance of the diversity of the parties involved in ADR, including gender, religion, age, culture, language, race, education, socioeconomic status, and disability

Different cultural attitudes of members within a family

Cultural variations on the agreed norms and range of behaviours accepted as 'family practices'

The relevance of culture in relation to problem-solving and dispute resolution

The relevance of culture in relation to negotiation, concessions and compromise

Cultural variations in relation to written, spoken and non-verbal communication

Cultural attitudes towards physical space, venue and time

Cultural attitudes towards the role of outsiders in dispute resolution

Cultural attitudes in relation to the role of law, the courts, lawyers and professional advisers