Elements and Performance Criteria

Knowledge:

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.

Communication protocols refers to agreed communication processes:
When working in a co- mediation process
When mediating over different mediums eg Video situations
Processes established to support communication within the agency and between agencies

Specialist communication skills refers to:

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

Using strategies that empower client to seek and present information

Cultural, sub-cultural awareness/sensitivity

Demonstrating empathy

Using appropriate body language

Reflecting, summarising and paraphrasing

Asking open-ended questions

Using conflict management skills if appropriate

If needed, use of a qualified interpreter

Recognition of client/worker power differences

Maintaining confidentiality
Active listening

Stakeholders may include:
Clients
Family members

Community members

Ground rules:
The management and conduct of a dispute resolution process

Common ground:
Agreed shared needs and options that may assist in moving towards a satisfactory outcome for both parties

Critical aspects of assessment must include:
Assessment must confirm sufficient ability to use appropriate interpersonal skills knowledge of the Agency system to guide 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.
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
Summarise presented positions accurately to clients
Identify gaps in understanding
Assist the client to interpret issues and needs to define the dispute
Apply the agency systems
Interpret documentation 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):

CHCCOM3C Utilise specialist communication skills to build strong relationships

Essential knowledge:
Understanding of the application of the Relevant legislation
Awareness of the impact of culture on the definition of the dispute
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

Essential skills:
Organisation of information
Capacity to adapt the mediation process to include relevant stakeholders
Questioning and active listening skills that identify gaps in information provided
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 meditation