Elements and Performance Criteria

The Range Statement explains the scope and context of the unit of competency allowing for differences between workplaces. The scope of variables chosen for training and assessment requirements will depend on the particular work situation.

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
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.

Statutory, and procedural requirements may include
Family Law Act
Property Law
Superannuation
Procedures for accessing specialist advice
Procedures for individual consultations
Procedures for community consultation

Alternative Dispute Resolution Process refers to:
This 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

The Evidence Guide identifies the critical aspects of assessment, and the essential knowledge and skills to be demonstrated to confirm competency in this unit. The Evidence Guide is an integral part of the assessment of competency and it should be read carefully in conjunction with the Range Statement, elements and performance criteria.
Critical aspects of assessment:
Assessment must confirm sufficient ability to use appropriate interpersonal skills knowledge of the Agency system to guide the ADR process.
Assessment of performance should be over a period of time covering all categories within the Range Statement statements that are applicable in the learning environment.

In particular, assessment must confirm the ability to:

Establish and maintain agreed procedures that meet the agency guidelines and the needs of the client
Demonstrate fairness and lack of bias at all times
Apply the Agency systems
Understand own work roles and responsibilities in relation to service delivery.

Interdependent assessment of units:

This unit must be assessed after, or in conjunction, with the attainment of competency in the following unit(s):

CHCMED408B Identify the need for alternative dispute resolution
CHCCOM3C Utilise specialist communication skills to build strong relationships

Essential knowledge:
Availability of professional, academic, technical, community and educational resources for client use or referral
Awareness of different cultural systems for dispute resolution and their impact on progress of the ADR
Other dispute resolution procedures
Relevant relationships, such as couple, family and group relationships
The legal and social standards that would be applicable if the case was taken further to trial
The legal, social, cultural, and economic and context within which the ADR practice is occurring
The structures, resources, processes and requirements of the agency
Understanding of the application of legislation including the Family Law Act, Property Law, the Privacy Act and Freedom of Information that may impact on the definition of the dispute
Understanding of the Rules of Evidence

Essential skills:
Assessment of individual cases to determine limitations of the mediation processes
Recognition of when a mediation process is not being effective
How to deal with non-compliance with the Family Law Act rules and regulation procedural requirements and other legislation as appropriate
How to ensure fairness within procedure
Criteria for exercising discretion on procedural matters, for example, consultations with individual clients, and duration
Questioning and active listening skills that establishes client confidence and facilitates disclosure
Problem solving skills
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
Ability to maintain confidentiality and to deal effectively with breaches of confidentiality especially when client

Resource implications:
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 will also be required if non-workplace assessment paths are utilised.

Consistency in performance:
Evidence of competency in this unit will need to be assessed over a period of time in order to gather evidence of performance over the Range Statement. 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.

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

Evidence for assessment of competence may be gathered by appropriate combination of the following:
Demonstration of competency within the working environment in preparing for the mediation process
Where there is not an opportunity to cover all of the range statement statements 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 meditation