Assessor Resource

CHCMED002
Facilitate mediation

Assessment tool

Version 1.0
Issue Date: March 2024


This unit describes the skills and knowledge required to facilitate and maintain the flow of the mediation process to achieve the best possible outcome for all participants.

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. Establish communication protocols

1.1 Identify the communication needs of all stakeholders based on review of information and preparation processes

1.2 Confirm the ground rules for the mediation process with all participants/co-mediators

1.3 Comply with statutory and procedural requirements

2. Define the dispute

2.1 Involve participants in identifying and defining the dispute based on review of information and preparation processes

2.2 Establish common ground between the participants

2.3 Describe the dispute using appropriate terms

2.4 Define the dispute in terms of interests where appropriate

2.5 Order, differentiate and prioritise issues in collaboration with the participants and confirm understanding

3. Manage communication and interactions

3.1 Model ethical practice, maintain impartiality and sustain fairness for all participants involved in the process

3.2 Select and use communication techniques suited to participants to facilitate positive interactions and progress towards agreement

3.3 Provide sufficient time for each party’s interests and views to be identified and explored and acknowledge participants’ feelings, concerns and views

3.4 Encourage participants to describe their understanding of others’ statements about feelings, needs and ideas

3.5 Use conflict resolution techniques to identify and respond to potential and actual conflicts

3.6 Regularly check participants’ understanding of the proceedings and adapt processes according to specific needs

4. Support problem-solving and negotiation

4.1 Assist participants to prepare for problem-solving and negotiation

4.2 Manage co-mediation appropriately with all participants to the dispute

4.3 Support participants to identify options for decision-making

4.4 Acknowledge creative and inventive problem-solving strategies

4.5 Provide participants with opportunity to reflect on any agreement or seek other advice when appropriate

4.6 Assist participants to identify agreements and decisions made, and future action required

4.7 Recognise when mediation is not being effective and take action according to organisation protocols

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:

facilitated at least 5 different mediations with clients with varying circumstances and types of dispute, with at least 1 co-mediation

used and adapted the following communication techniques to meet the needs of different clients during the mediation process:

active listening

open ended questioning

direct questioning

appropriate body language

paraphrasing

reflecting

reframing

summarising

negotiation

problem-solving

conflict resolution

rapport-building

minimally obtrusive verbal and non-verbal behaviours to manage interruptions.

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

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

types of dispute that present for mediation in the relevant work context

principles and functions of the facilitation stage of mediation, including:

identification, clarification and exploration of interests, issues and underlying needs

consideration of alternatives

generation and evaluation of options

problem-solving and negotiation

relationship between the facilitation stage and other stages of mediation

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

communication patterns in conflict and negotiation

negotiation dynamics in mediation, including manipulative and intimidating tactics

mediation processes and methods, including:

overall management and conduct of a dispute resolution process

stages of a mediation process, and how they can be used most effectively

recognition of when process is not being effective

how to ensure fairness within procedure

criteria for exercising discretion on procedural matters

techniques for enabling participants to consider all relevant information and work towards their own decisions

limitations of mediation

role and use of private sessions

how to manage the appropriate involvement of others in the mediation

the facilitation stage of the mediation process and the techniques used to maximise positive interactions

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

own strengths and limitations in handling the mediation process, and the boundaries of one’s role

own interpersonal communication style and the effect it has on others

own personal responses to conflict and high emotion and potential impact on mediation process

communication techniques, including:

active listening

open ended questioning

direct questioning

appropriate body language

paraphrasing

reflecting

reframing

summarising

negotiation

problem-solving

conflict resolution

rapport-building

minimally obtrusive verbal and non-verbal behaviours to manage interruptions.

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 allow for 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. Establish communication protocols

1.1 Identify the communication needs of all stakeholders based on review of information and preparation processes

1.2 Confirm the ground rules for the mediation process with all participants/co-mediators

1.3 Comply with statutory and procedural requirements

2. Define the dispute

2.1 Involve participants in identifying and defining the dispute based on review of information and preparation processes

2.2 Establish common ground between the participants

2.3 Describe the dispute using appropriate terms

2.4 Define the dispute in terms of interests where appropriate

2.5 Order, differentiate and prioritise issues in collaboration with the participants and confirm understanding

3. Manage communication and interactions

3.1 Model ethical practice, maintain impartiality and sustain fairness for all participants involved in the process

3.2 Select and use communication techniques suited to participants to facilitate positive interactions and progress towards agreement

3.3 Provide sufficient time for each party’s interests and views to be identified and explored and acknowledge participants’ feelings, concerns and views

3.4 Encourage participants to describe their understanding of others’ statements about feelings, needs and ideas

3.5 Use conflict resolution techniques to identify and respond to potential and actual conflicts

3.6 Regularly check participants’ understanding of the proceedings and adapt processes according to specific needs

4. Support problem-solving and negotiation

4.1 Assist participants to prepare for problem-solving and negotiation

4.2 Manage co-mediation appropriately with all participants to the dispute

4.3 Support participants to identify options for decision-making

4.4 Acknowledge creative and inventive problem-solving strategies

4.5 Provide participants with opportunity to reflect on any agreement or seek other advice when appropriate

4.6 Assist participants to identify agreements and decisions made, and future action required

4.7 Recognise when mediation is not being effective and take action according to organisation protocols

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:

facilitated at least 5 different mediations with clients with varying circumstances and types of dispute, with at least 1 co-mediation

used and adapted the following communication techniques to meet the needs of different clients during the mediation process:

active listening

open ended questioning

direct questioning

appropriate body language

paraphrasing

reflecting

reframing

summarising

negotiation

problem-solving

conflict resolution

rapport-building

minimally obtrusive verbal and non-verbal behaviours to manage interruptions.

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

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

types of dispute that present for mediation in the relevant work context

principles and functions of the facilitation stage of mediation, including:

identification, clarification and exploration of interests, issues and underlying needs

consideration of alternatives

generation and evaluation of options

problem-solving and negotiation

relationship between the facilitation stage and other stages of mediation

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

communication patterns in conflict and negotiation

negotiation dynamics in mediation, including manipulative and intimidating tactics

mediation processes and methods, including:

overall management and conduct of a dispute resolution process

stages of a mediation process, and how they can be used most effectively

recognition of when process is not being effective

how to ensure fairness within procedure

criteria for exercising discretion on procedural matters

techniques for enabling participants to consider all relevant information and work towards their own decisions

limitations of mediation

role and use of private sessions

how to manage the appropriate involvement of others in the mediation

the facilitation stage of the mediation process and the techniques used to maximise positive interactions

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

own strengths and limitations in handling the mediation process, and the boundaries of one’s role

own interpersonal communication style and the effect it has on others

own personal responses to conflict and high emotion and potential impact on mediation process

communication techniques, including:

active listening

open ended questioning

direct questioning

appropriate body language

paraphrasing

reflecting

reframing

summarising

negotiation

problem-solving

conflict resolution

rapport-building

minimally obtrusive verbal and non-verbal behaviours to manage interruptions.

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 allow for 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
 
Identify the communication needs of all stakeholders based on review of information and preparation processes 
Confirm the ground rules for the mediation process with all participants/co-mediators 
Comply with statutory and procedural requirements 
Involve participants in identifying and defining the dispute based on review of information and preparation processes 
Establish common ground between the participants 
Describe the dispute using appropriate terms 
Define the dispute in terms of interests where appropriate 
Order, differentiate and prioritise issues in collaboration with the participants and confirm understanding 
Model ethical practice, maintain impartiality and sustain fairness for all participants involved in the process 
Select and use communication techniques suited to participants to facilitate positive interactions and progress towards agreement 
Provide sufficient time for each party’s interests and views to be identified and explored and acknowledge participants’ feelings, concerns and views 
Encourage participants to describe their understanding of others’ statements about feelings, needs and ideas 
Use conflict resolution techniques to identify and respond to potential and actual conflicts 
Regularly check participants’ understanding of the proceedings and adapt processes according to specific needs 
Assist participants to prepare for problem-solving and negotiation 
Manage co-mediation appropriately with all participants to the dispute 
Support participants to identify options for decision-making 
Acknowledge creative and inventive problem-solving strategies 
Provide participants with opportunity to reflect on any agreement or seek other advice when appropriate 
Assist participants to identify agreements and decisions made, and future action required 
Recognise when mediation is not being effective and take action according to organisation protocols 

Forms

Assessment Cover Sheet

CHCMED002 - Facilitate 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:

Signature:

Date:


Assessment Record Sheet

CHCMED002 - Facilitate 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: