Elements and Performance Criteria

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.


Appropriateness of process may include:
Parties' particular circumstances
Benefits and risks of the process
Alternatives open to the participants


Practitioner's role and any limitationsmay include:
Legal advice
Legal representation
Therapeutic intervention limitations


Limitations on confidentiality may include but are not limited to:
Mandatory obligations on matters of child abuse and/or domestics and family violence
Criminal matters with risk to self and/or others
Duty of Care to self, client, community and colleagues
Disclosed risks of harm for client, staff, community
Other applicable legislation and regulations within work role and jurisdictions


Interpersonal and effective communication skills may include:
Approach is non-judgemental
Displaying empathy to for all participants before, during and after the process
Active, effective and appropriate listening
Clarifying information and assumptions
Speaking clearly, simply, effectively at the communication and comprehension level of the participants
Establish rapport with each of the participants and demonstrating respect for individual difference
Questioning to elicit information, feeling, fears and perspectives
Working effectively with interpreters


Parenting and property or assets issues may include but is not limited to:
Asset division
Child support payments
Residency of children
Contact with non resident parents
Variations and/or review of existing agreements


Tools for screening for family violence may include:
Documented questionnaires and procedures for gathering information in relation to risk
Scripts and preambles
Defined questions
Measures and rating scales of risk


Dispute resolution process may include but is not limited to:
Forms of mediation:
facilitative
settlement oriented
therapeutic
evaluative
narrative


Range of facilitation skills may include:
Mirroring strategy
Role modeling cooperation and listening through co-facilitation/mediation
Reframing issues
Respectful interruptions
Encouraging active listening
Formulating transition statements for clarification
Recognising power imbalances and manage high levels of conflict
Managing risk issues if necessary and terminate the process of dispute resolution safely
Knowing how and when to use individual sessions


Provide expert information in a facilitative role may include:
Expert information which does not infringe upon participant self determination, however, assist the participants to view situations more broadly with the aid of expert information
The expert information provide is considered an intervention or facilitative strategy which acts as a bridge between the principle of self determination and any legislative requirements


Client self determination means:
Managing the process of dispute resolution in a non directive manner whereby participants determine the outcome
The facilitative role does not include the provisions of advice or determination of dispute resolution.


Communication skills to encourage effective participation may include:
Reframing positional statements in terms of underlying interests, such as needs, fears, and concerns
Clarifying information and assumptions from both participants
Summarising communications and consolidating areas of participants' agreements
Giving constructive feedback
Working effectively with interpreters


Assessment of risk to vulnerable parties may include:
Processes for evaluating the nature of specific risks to safety for individual clients using tools and structured clinical judgement
The content of risk may relate to:
exposure to violence
mental health issues
children's and parenting issues


Risk may include but is not limited to:
Being physically hurt, intimidated, bullied, harassed or controlled
Threatened with physical harm, intimidation, bullying or harassment
Harm or threat of harm to children
Harm or threat of harm to pets and loved ones
Harm or threat of harm to property
Inability to fully participate in significant events such as court ordered mediations
Having residential address known by a person who uses violence against you

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.
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 persons


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 appropriately assessed in conjunction with related unit:
CHCDISP802B Implement dispute resolution strategies