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.


Other professional resources may include:
Lawyers
Counsellors
Community Health
Mental Health
Community Welfare agencies
Child Support Agency
Centrelink
Child Protection agencies
Children's Contact Services
Family Relationship Centres
Parent Educators
Domestic violence services


Capacity for participants to engage in the process may include:
Unwilling
Intellectual and/or other disability or special needs
Cultural or religious factors
Language
Legal requirements


Manipulative or intimidating tactics may include:
Coercion by one party over another
Aggressive body language
Inappropriate expressions of emotions
Real or perceived threatening behaviour or language
Silence, stalling, sabotage and dominance of time in the process
Withdrawing with intent terminate the session before agreements reached as a matter of abuse of power
Refusing to negotiate on any issue


Obtain an undertaking for disclosure of financial and related circumstances:
Obtaining disclosure only if relevant to the issue of disputer resolution and only in accordance with the provisions of the Family Law Act


Limitations of confidentiality may include:
Statutory, judicially or ethically mandated reporting
Potential and/or real risk of harm to self or others disclosed during the dispute resolution process
Terminate a family dispute resolution process may relate to reasons which include but are not limited to :
When the process is being misused by participants
When the usefulness of the process has been exhausted


Misuse of the dispute resolution process may include:
Delaying proceedings in the hope of reinforcing the continuation of an existing arrangement with respect to assets and children
Buying time in order to dissipate or conceal assets
The dispute resolution practitioner is of the opinion that one or both parties is in some way acting in bad faith

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 person


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 recommended but not required to be assessed with
CHCDISP801B Facilitate dispute resolution in a family law context