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Elements and Performance Criteria

Required Skills

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

Understanding of the application of legislation including the Family Law Act

Awareness of different cultural systems for dispute resolution

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

Other dispute resolution procedures

Relevant relationships such as couple family and group relationships

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

The legal and social standards that would be applicable if the case was 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

Apply knowledge skills and ethics relevant to the nine areas of practice as outlined in the NADRAC standards wwwnadracgovau

Use appropriate interpersonal skills and knowledge to guide the ADR process

Apply ADR with an awareness and sensitivity to conflict culture and context

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

Apply skills in negotiation communication and decisionmaking

Demonstrate understanding and implementation of relevant procedures

Establish confidence with parties through using appropriate interpersonal styles and methods

Identify accurately issues of parties in dispute

Apply the agency systems

Refer parties to appropriate others to match identified needs

Interpret accurately and comply with legal and procedural requirements

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

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

Demonstrate application of skills in

questioning and active listening that establishes client confidence and facilitates disclosure

problem solving skills

literacy and communication to analyse evaluate and present information including preparing documents and reports related to legal requirements and client needs

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

Related units	This unit should be assessed after or in conjunction with related units CHCMEDC Facilitate alternative dispute resolution processes CHCMED419C Facilitate alternative dispute resolution processes CHCCOMA Use target communication skills to build relationships CHCCOM403A Use target communication skills to build relationships

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

Alternative dispute resolution	ADR refers to processes, other than judicial determination, in which an impartial person (an ADR practitioner) assists those in a dispute to resolve the issues between them. ADR processes may be facilitative, advisory, determinative or, in some cases, a combination of these ADR may be used for different categories of dispute, for example, family and child mediation, community mediation, victim-offender mediation, equal opportunity conciliation, workers' compensation conciliation, tenancy conciliation or commercial arbitration Multi-party mediation may involve several parties or groups of parties

Alternative dispute resolution process refers to:	Knowledge about the procedural and understanding of requirements for dispute resolution within the agency The theory, systems and methods of dispute resolution processes 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 effective how to deal with non-compliance with the family law act rules and regulation procedural requirements how to ensure fairness within procedure criteria for exercising discretion on procedural matters, for example, consultations with individual clients, and duration how to identify who may be significant others and how to manage their appropriate involvement how to enable clients to consider all relevant information and work towards their own decisions

Client/s could include:	Individuals (inclusive of children, youth, adults and the aged) Referred or self-referred clients Voluntary and involuntary clients

Issues presented could be sourced from:	Interviews with clients, 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 perspective:	The significance of the diversity of the clients 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