Unit of competency Outline

Date retreived
23/07/2026 10:49 AM AWST

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Administer alternative dispute-resolution proceedings

Administer alternative dispute-resolution proceedings

Unit of competency
National Code
PSPCRT415A
State Code
D3681
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
3.00
Current Release Date
01/11/2012
State Implementation and Classification
Approved Date
04/07/2014
Field of Education
091103 - Legal Studies
Original Release Date
04/07/2014
Nominal Hours
30
Description
This unit covers the competencies required to administer alternative dispute-resolution (ADR) proceedings, including mandatory and voluntary proceedings within the court, or referral to other services. In the workplace, staff must be able to implement relevant procedures, protocols and policy relating to ADR proceedings. They must also be able to provide constructive and effective assistance, information and referral to the parties undertaking the process.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Notes
Elements and Performance Criteria
1. Arrange compliance with mandatory ADR procedures.
  • 1.1. Explain benefits of ADR procedures and answer client's questions according to organisational policy and procedures.
  • 1.2. Explain procedural requirements using communication appropriate to client needs.
  • 1.3. Identify and address potential difficulties in arranging delivery of services or refer them for action.
  • 1.4. Gain agreement to arrangements using negotiation and conflict-resolution skills.
  • 1.5. Complete documentation according to organisational policy and procedures.
2. Refer parties to ADR procedures and services.
  • 2.1. Assess eligibility for access to ADR services.
  • 2.2. Identify legislative and other constraints and take into account when advising on appropriate dispute-resolution process.
  • 2.3. Analyse the issues and the parties' willingness and capability to assess the most suitable resolution process.
  • 2.4. Explain procedural requirements using communication appropriate to client needs.
  • 2.5. Explain impact of ADR proceedings on case management.
3. Support ADR processes.
  • 3.1. Outline and implement processes to ensure respect for client's safety and needs.
  • 3.2. Explain client responsibility and contribution to outcomes.
  • 3.3. Assist client to prepare for problem solving and negotiation.
  • 3.4. Confirm client's understanding of the process.
  • 3.5. Explain privacy and confidentiality requirements of proceedings.
The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. 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) may also be included.
ADRprocedures may include:
mediation
registrar conference
counselling
arbitration
conference before an appointed presiding officer
Procedural requirements may include:
attendance of self and others
collection and delivery of information
order of events
role of presiding officer
possible outcomes
documentation
Potential difficulties may include:
language
financial
security
emotional state of parties
travel
Eligibility for access may include:
financial resources
agreement of parties
jurisdiction
nature of dispute
Client responsibility and contribution may include:
active listening
respect for procedures
respect for the presiding official
commitment to reduction of issues
Privacy and confidentiality requirements may include:
legislative
organisational policy and procedures
attendee agreements
The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.
Overview of assessment
Competency must be demonstrated in administering alternative dispute-resolution (ADR) proceedings, including mandatory and voluntary proceedings within the court, or referral to other services.
Critical aspects for assessment and evidence required to demonstrate competency in this unit
Assessment must confirm the ability to:
explain options for ADR procedures
gain client approval to proceed to select and arrange ADR procedures
understand conditions and eligibility for ADR procedures
identify suitable procedures to match client needs
support client in preparation for ADR procedures
comply with information sharing and privacy protocols
Consistency in performance
Competency should be demonstrated by:
explaining a range of ADR procedures to diverse clients
referring clients in a range of settings to appropriate services
supporting diverse clients in preparing for a range of ADR procedures
Context of and specific resources for assessment
Assessment must comply with:
applicable regulations and codes
workplace procedures and protocols.
Access may be required to:
a workplace environment or one that closely resembles normal work practices and replicates the range of conditions likely to be encountered when:
administering mandatory ADR proceedings
referring parties to ADR services
relevant legislation, procedures, policy and codes of practice for mandatory ADR proceedings
relevant legislation, procedures, policy, codes of practice and information for voluntary ADR services
scenarios and/or case studies to capture the range of situations and issues likely to be encountered
access to relevant communication and reporting systems
Guidance information for assessment
The following assessment methods are suggested:
oral questioning about types and benefits of ADR procedures and eligibility criteria
observation of the candidate administering ADR procedures in a range of contexts to ensure achievement of the unit outcomes
feedback from peers and/or supervisor that the candidate consistently applies relevant workplace procedures
review of records completed by candidate or reports of performance
In all cases, practical assessment should be supported by questions to assess underpinning knowledge and those aspects of competency that are difficult to assess directly. Questioning techniques should suit the language and literacy levels of the candidate.
Replaced By
State Code National Code Title Type
AWW28 PSPCRT016 Administer alternative dispute-resolution proceedings Unit of competency
No information