Elements and Performance Criteria

The Range Statement explains the scope and context of the unit of competency allowing for differences between workplaces. The scope statement 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 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 arbitration. Multi-party mediation may involve several parties or groups of parties.

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

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

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

In particular, assessment must confirm the ability to:

Establish confidence with clients through using appropriate interpersonal styles and methods
Identify accurately clients issues
Apply the agency systems
Refer to appropriate others to match client needs
Interpret accurately and comply with legal and procedural requirements
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):

CHCMED409B Facilitate alternative dispute resolution processes
CHCCOM3C Utilise specialist communication skills to build strong relationships

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

Essential skills:
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 safety is threatened.

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 mediation