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.