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.


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 arbitrationMulti-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

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 providedAccess 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


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