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 practise effectively an ADR process.

Statutory, and procedural requirements may include:
Relevant legislation
Property Law
Superannuation
Procedures for accessing specialist advice
Procedures for individual consultations
Procedures for community consultation

Critical aspects of assessment:
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.

In particular, assessment must confirm the ability to:

Establish and maintain agreed procedures that meet the agency guidelines and the needs of the client
Demonstrate fairness and lack of bias at all times
Apply the agency systems
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 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

Essential skills:
Assessment of individual cases to determine limitations of the mediation processes
Recognition of when a mediation process is not being effective
How to deal with non-compliance with the relevant legislation 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

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