Assessor Resource

CHCMED001
Prepare for mediation

Assessment tool

Version 1.0
Issue Date: April 2024


This unit describes the skills and knowledge required to confirm the mediation, gather and analyse information, work with participants and make practical arrangements to allow the mediation to commence.

This unit applies to mediation work in a range of community service contexts. Mediators use specialised knowledge, critical thinking and communication skills. They apply discretion and judgement within established organisation procedures.

The skills in this unit must be applied in accordance with Commonwealth and State/Territory legislation, Australian/New Zealand Standards and industry codes of practice.

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)


Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

ELEMENT

PERFORMANCE CRITERIA

Elements define the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Confirm the mediation with participants

1.1 Review existing information to assess and confirm the suitability of the dispute for mediation

1.2 Provide accurate and relevant information about the mediation processes available

1.3 Identify specific needs for co-mediators and others to be involved in the process

1.4 Clarify and confirm roles of co-mediators and others involved in the process

1.5 Verify that all participants to the mediation understand the sequential steps of the process

1.6 Provide clear and accurate information on roles, responsibilities and limitations of individuals and organisations involved

1.7 Outline the boundaries of confidentiality and privacy to participants

2. Gather and analyse information about the dispute

2.1 Identify required information to mediate the dispute

2.2 Assist and encourage participants to identify and exchange relevant information

2.3 Identify gaps in information and communicate with participants and others involved

2.4 Provide information to assist participants seek professional support to gain information required

2.5 Analyse issues and risks presented prior to the mediation to assess most suitable case management options

2.6 Clarify the need to seek advice on legal or factual complexity of the matter

3. Assess readiness and commitment to participate

3.1 Clarify expectations of participants and assess willingness to commit to process of negotiation and mediation

3.2 Assess power differentials between participants based on dispute information and own observations

3.3 Assess cultural perspectives that may affect the mediation process

3.4 Use security and safety guidelines according to legislative and organisation procedures

3.5 Review the intake process, compare with own assessment and respond to situations requiring referral to other internal or external services

4. Prepare venue and resources for mediation

4.1 Prepare venue according to participant needs

4.2 Identify and respond to language to accommodate specific needs of the participants

4.3 Engage the services of others according to organisation guidelines

4.4 Organise equipment, tools and any other resources required to support mediation process

The candidate must show evidence of the ability to complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the job role. There must be evidence that the candidate has:

prepared for at least 5 different mediations according to organisation procedures

gathered, sourced and analysed varied types information that informs mediation, including the following:

intake information

client case documentation

information from external agencies/professionals

information obtained directly from the parties, family, significant others or carers

legal documentation.

The candidate must be able to demonstrate essential knowledge required to effectively complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the work role. This includes knowledge of:

legal and ethical considerations for mediation, and how these are applied in organisations and individual practice:

bias

codes of conduct and current national standards

conflicts of interest

discrimination

duty of care

human rights

privacy, confidentiality and disclosure

records management

rights and responsibilities of workers, employers and clients

specific legislation that affects mediation, including:

freedom of information

types of court orders or other legal parameters that may impact

work role boundaries – responsibilities and limitations of the mediator and the roles and functions of support persons, lawyers and other professionals

work health and safety

principles and function of the mediation preparation process, including:

communication between the participants, exchanges of information and seeking of understanding

relationship between the preparation stage and other stages of mediation

the nature of conflict, including the dynamic of power and violence

circumstances in which mediation may or may not be appropriate

how to prepare for mediation and assess suitability

types of information that may need to be gathered/assessed:

interview with parties, family, significant others and carers

case/file documentation

information from professionals

information from service providers

diverse perspectives for mediation and how these may interact with, and impact on the mediation preparation, including:

attitudes of members within a family

variations on the agreed norms and range of behaviours

culture in relation to problem-solving and dispute resolution

culture in relation to negotiation, concessions and compromise

variations in relation to written, spoken and non-verbal communication

attitudes towards physical space, venue and time

attitudes towards the role of outsiders in dispute resolution

attitudes in relation to the role of law, the courts, lawyers and professional advisers

legal, social, cultural, and economic and context within which the mediation is occurring

other dispute resolution procedures available

availability of professional, academic, technical, community and educational resources for client use or referral

legal, ethical and associated standards that may be applicable if the case were taken further to trial

Skills must have been demonstrated in the workplace or in a simulated environment that reflects workplace conditions. The following conditions must be met for this unit:

use of suitable facilities, equipment and resources, including:

dispute information and information about the parties involved

organisation policies and procedures

modelling of industry operating conditions, including:

scenarios that involve complex interactions with others

scenarios that involve problem-solving.

Assessors must satisfy the Standards for Registered Training Organisations (RTOs) 2015/AQTF mandatory competency requirements for assessors.

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

ELEMENT

PERFORMANCE CRITERIA

Elements define the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Confirm the mediation with participants

1.1 Review existing information to assess and confirm the suitability of the dispute for mediation

1.2 Provide accurate and relevant information about the mediation processes available

1.3 Identify specific needs for co-mediators and others to be involved in the process

1.4 Clarify and confirm roles of co-mediators and others involved in the process

1.5 Verify that all participants to the mediation understand the sequential steps of the process

1.6 Provide clear and accurate information on roles, responsibilities and limitations of individuals and organisations involved

1.7 Outline the boundaries of confidentiality and privacy to participants

2. Gather and analyse information about the dispute

2.1 Identify required information to mediate the dispute

2.2 Assist and encourage participants to identify and exchange relevant information

2.3 Identify gaps in information and communicate with participants and others involved

2.4 Provide information to assist participants seek professional support to gain information required

2.5 Analyse issues and risks presented prior to the mediation to assess most suitable case management options

2.6 Clarify the need to seek advice on legal or factual complexity of the matter

3. Assess readiness and commitment to participate

3.1 Clarify expectations of participants and assess willingness to commit to process of negotiation and mediation

3.2 Assess power differentials between participants based on dispute information and own observations

3.3 Assess cultural perspectives that may affect the mediation process

3.4 Use security and safety guidelines according to legislative and organisation procedures

3.5 Review the intake process, compare with own assessment and respond to situations requiring referral to other internal or external services

4. Prepare venue and resources for mediation

4.1 Prepare venue according to participant needs

4.2 Identify and respond to language to accommodate specific needs of the participants

4.3 Engage the services of others according to organisation guidelines

4.4 Organise equipment, tools and any other resources required to support mediation process

The candidate must show evidence of the ability to complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the job role. There must be evidence that the candidate has:

prepared for at least 5 different mediations according to organisation procedures

gathered, sourced and analysed varied types information that informs mediation, including the following:

intake information

client case documentation

information from external agencies/professionals

information obtained directly from the parties, family, significant others or carers

legal documentation.

The candidate must be able to demonstrate essential knowledge required to effectively complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the work role. This includes knowledge of:

legal and ethical considerations for mediation, and how these are applied in organisations and individual practice:

bias

codes of conduct and current national standards

conflicts of interest

discrimination

duty of care

human rights

privacy, confidentiality and disclosure

records management

rights and responsibilities of workers, employers and clients

specific legislation that affects mediation, including:

freedom of information

types of court orders or other legal parameters that may impact

work role boundaries – responsibilities and limitations of the mediator and the roles and functions of support persons, lawyers and other professionals

work health and safety

principles and function of the mediation preparation process, including:

communication between the participants, exchanges of information and seeking of understanding

relationship between the preparation stage and other stages of mediation

the nature of conflict, including the dynamic of power and violence

circumstances in which mediation may or may not be appropriate

how to prepare for mediation and assess suitability

types of information that may need to be gathered/assessed:

interview with parties, family, significant others and carers

case/file documentation

information from professionals

information from service providers

diverse perspectives for mediation and how these may interact with, and impact on the mediation preparation, including:

attitudes of members within a family

variations on the agreed norms and range of behaviours

culture in relation to problem-solving and dispute resolution

culture in relation to negotiation, concessions and compromise

variations in relation to written, spoken and non-verbal communication

attitudes towards physical space, venue and time

attitudes towards the role of outsiders in dispute resolution

attitudes in relation to the role of law, the courts, lawyers and professional advisers

legal, social, cultural, and economic and context within which the mediation is occurring

other dispute resolution procedures available

availability of professional, academic, technical, community and educational resources for client use or referral

legal, ethical and associated standards that may be applicable if the case were taken further to trial

Skills must have been demonstrated in the workplace or in a simulated environment that reflects workplace conditions. The following conditions must be met for this unit:

use of suitable facilities, equipment and resources, including:

dispute information and information about the parties involved

organisation policies and procedures

modelling of industry operating conditions, including:

scenarios that involve complex interactions with others

scenarios that involve problem-solving.

Assessors must satisfy the Standards for Registered Training Organisations (RTOs) 2015/AQTF mandatory competency requirements for assessors.
Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
 
Review existing information to assess and confirm the suitability of the dispute for mediation 
Provide accurate and relevant information about the mediation processes available 
Identify specific needs for co-mediators and others to be involved in the process 
Clarify and confirm roles of co-mediators and others involved in the process 
Verify that all participants to the mediation understand the sequential steps of the process 
Provide clear and accurate information on roles, responsibilities and limitations of individuals and organisations involved 
Outline the boundaries of confidentiality and privacy to participants 
Identify required information to mediate the dispute 
Assist and encourage participants to identify and exchange relevant information 
Identify gaps in information and communicate with participants and others involved 
Provide information to assist participants seek professional support to gain information required 
Analyse issues and risks presented prior to the mediation to assess most suitable case management options 
Clarify the need to seek advice on legal or factual complexity of the matter 
Clarify expectations of participants and assess willingness to commit to process of negotiation and mediation 
Assess power differentials between participants based on dispute information and own observations 
Assess cultural perspectives that may affect the mediation process 
Use security and safety guidelines according to legislative and organisation procedures 
Review the intake process, compare with own assessment and respond to situations requiring referral to other internal or external services 
Prepare venue according to participant needs 
Identify and respond to language to accommodate specific needs of the participants 
Engage the services of others according to organisation guidelines 
Organise equipment, tools and any other resources required to support mediation process 

Forms

Assessment Cover Sheet

CHCMED001 - Prepare for mediation
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

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Date:

Assessment Record Sheet

CHCMED001 - Prepare for mediation

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: