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Evidence Guide: CHCMED411B - Conduct a sound assessment of a dispute in preparation for mediation

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

The important thing to remember when gathering evidence is that the more evidence the better - that is, the more evidence you gather to demonstrate your skills, the more confident an assessor can be that you have learned the skills not just at one point in time, but are continuing to apply and develop those skills (as opposed to just learning for the test!). Furthermore, one piece of evidence that you collect will not usualy demonstrate all the required criteria for a unit of competency, whereas multiple overlapping pieces of evidence will usually do the trick!

From the Wiki University

 

CHCMED411B - Conduct a sound assessment of a dispute in preparation for mediation

What evidence can you provide to prove your understanding of each of the following citeria?

Provide information about the mediation process

  1. Provide accurate, timely and relevant information about the mediation processes available
  2. Identify co-mediation needs
  3. Clarify co-mediation roles and use according to agency guidelines
  4. Verify that all parties to the mediation understand the sequential steps of mediation
  5. Ensure parties are clear on own, mediator, and agency roles
  6. Ensure boundaries of confidentiality and privacy are clear to parties
Provide accurate, timely and relevant information about the mediation processes available

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify co-mediation needs

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Clarify co-mediation roles and use according to agency guidelines

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Verify that all parties to the mediation understand the sequential steps of mediation

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Ensure parties are clear on own, mediator, and agency roles

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Ensure boundaries of confidentiality and privacy are clear to parties

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Clarify information presented relating to the dispute

  1. Accurately and concisely analyse issues presented prior to the mediation to assess most suitable case management options
  2. Clarify the need to seek advice on legal or factual complexity of the matter
  3. Note court orders, identify potential risks and formulate responses using relevant knowledge of safety procedures
Accurately and concisely analyse issues presented prior to the mediation to assess most suitable case management options

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Clarify the need to seek advice on legal or factual complexity of the matter

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Note court orders, identify potential risks and formulate responses using relevant knowledge of safety procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assess readiness to participate

  1. Prepare and counsel parties in preparation for a mediation process
  2. Assess power differentials between parties
  3. Assess cultural perspectives that may affect the mediation process
  4. Use security and safety guidelines in accordance with legislative and industry procedures
  5. Ensure timely and effective exclusion of mediation is achieved where appropriate
  6. Provide accurate and effective referral of parties as required to others within or external to the agency
Prepare and counsel parties in preparation for a mediation process

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assess power differentials between parties

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assess cultural perspectives that may affect the mediation process

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Use security and safety guidelines in accordance with legislative and industry procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Ensure timely and effective exclusion of mediation is achieved where appropriate

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide accurate and effective referral of parties as required to others within or external to the agency

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Clarify commitment to the process

  1. Clarify emotions and expectations of parties in order to estimate their capacity to commit
  2. Consider parties' capacity to negotiate
  3. Determine parties' readiness to consider and commit to the mediation processes
  4. Consider adequacy of intake procedures
Clarify emotions and expectations of parties in order to estimate their capacity to commit

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Consider parties' capacity to negotiate

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Determine parties' readiness to consider and commit to the mediation processes

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Consider adequacy of intake procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare venue and resources for mediation

  1. Analyse needs of parties and prepare venue accordingly
  2. Select language to accommodate specific needs of the parties
  3. Engage interpreters according to agency guidelines to best promote understanding between all parties and mediators
  4. Organise equipment, tools and any other resources required to support mediation process when needed
Analyse needs of parties and prepare venue accordingly

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Select language to accommodate specific needs of the parties

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Engage interpreters according to agency guidelines to best promote understanding between all parties and mediators

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Organise equipment, tools and any other resources required to support mediation process when needed

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

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 and/or 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 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 and/or written questions 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 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

Required Skills and Knowledge

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

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