Elements and Performance Criteria

Knowledge refers to:
Understanding of relevant theories, principles, practices their application and other aspects of knowledge, which may be desirable or necessary in order to practise effectively an ADR process.

Accurate assessments
Refer to the application of the mediators skills, knowledge and capacity for decision making as applied within the Agency framework.

Option for legal advice refers:
To the guidance to parties on the options for engagement of solicitors.

Case Management guidelines are:
Established by the agency to assist in ensuring the best outcomes for the child.

Implementation of the mediation refers to:
The support through the Agency or referral to other agencies to ensure that the mediation outcome is implemented.

Critical aspects of assessment must include:
Knowledge, skills and ethics relevant to the nine area of practice as outlined in the 2001 NADRAC standards
Demonstrated capability to apply mediation with an awareness and sensitivity to conflict, culture and context.
Skills in negotiation, communication and decision making
Understanding and implementation of relevant procedures
Assessment must confirm sufficient ability to use appropriate interpersonal skills knowledge of the Agency system to facilitate the mediation 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:

Paraphrase, ask clarifying questions and summa rise to assist parties to feel heard
Use a range of rapport-building strategies, such as adapting terms used, pace or volume of speech to suit the language level of the parties and mirroring non- verbal behaviour
Guide communication flow directly between parties, from agenda setting stage until close of mediation, excluding any private session
Use minimally obtrusive verbal and non-verbal behaviours to manage interruptions
Remind parties about agreed ground rules if other interventions are ineffective
Raise questions between parties about feelings and specific behaviours to encourage constructive expression of emotions and prevent escalation of conflict
Encourage parties to describe their understanding of others' statements about feelings, needs and ideas
Use fact finding questions to meet parties' needs

Interdependent assessment of units:

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

CHCCOM3C Utilise specialist communication skills to build strong relationships

Essential knowledge:
Understanding of family/group dynamics
Understanding of the importance of significant others for the process of mediation and the implementation of outcomes
Understanding of the application of the Relevant legislation
Understanding of the Rules of Evidence
Awareness of the impact of culture on the progress of the mediation
Understanding of the Privacy Act and Freedom of Information
Sufficient understanding of other legislation such as Property Law that may impact on the definition of the dispute
Awareness of one's own strengths and limitations in handling the mediation process, and the boundaries of one's role
The interaction of different values, beliefs, assumptions and prejudices, and their effect on the process
Clarity over professional and personal boundaries, the knowledge of how to retain professional warmth, empathy and objectivity while keeping personal feelings and experiences in abeyance
Awareness of one's own interpersonal communication style and the effect it has on others
Awareness of personal responses to conflict and high emotion

Essential skills:
Means by which an emotionally safe and empathic environment is created
Means for communicating with people with disabilities or where English is not the first language
Methods of communicating with different age, religious, gender and sexual identity groups
Non-judgemental communication techniques
Cultural, sub-cultural awareness/sensitivity
Demonstrating empathy
Using appropriate body language
Reflecting, summarising and paraphrasing
Asking open-ended questions
The ability to ask direct questions about issues in dispute in a sensitive and appropriate way
If needed, use of a qualified interpreter whose involvement will not jeopardise the safety of the client or client's family
Recognition of client/worker power differences
Maintaining confidentiality
Active listening

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