Assessor Resource

CHCMED003
Consolidate and conclude mediation

Assessment tool

Version 1.0
Issue Date: March 2024


This unit describes the skills and knowledge required to assess the level of agreement reached, provide information for future action or referral, and document the mediation outcome.

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. Assess the level of agreement

1.1 Assess when agreement has been reached or when it is not possible based on progress of mediation

1.2 Support participants in reaching agreement across the final impasses and gaps using negotiation and problem-solving skills

1.3 Confirm clarity of participants’ understanding of any agreement and their roles and responsibilities

2. Provide information and referral

2.1 Discuss information on further dispute resolution options if agreement is not reached

2.2 Outline the options for legal advice as one way of managing any lack of agreement

2.3 Apply case management guidelines with participants according to the specific case

3. Document and communicate outcome

3.1 Accurately record agreements and outstanding issues according to organisation procedures

3.2 Agree on process to communicate the outcome of the mediation to third participants

3.3 Specify actions to support implementation of the mediation and seek agreement between all participants to the dispute

3.4 Ensure mediation outcomes reflect shared responsibility and short/long term and contingency plans

4. Evaluate mediation

4.1 Identify and reflect on areas of strength and challenge in the mediation process

4.2 Reflect on and review own role as mediator

4.3 Use learning from evaluation to inform future practice

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:

consolidated, concluded, documented and evaluated at least 5 mediation processes with clients with varying circumstances and types of dispute

used and adapted the following communication skills to meet the needs of different clients during the consolidation and concluding phases:

paraphrasing

summarising

problem-solving

negotiation and decision-making.

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 concluding the mediation process, and how these are applied in organisations and individual practice:

bias

codes of conduct

conflicts of interest

discrimination

duty of care

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 functions of the final stages of the mediation process, including:

negotiation

reaching and making decisions

relationship between the conclusion stage and other stages of mediation

the consolidation and decision making stage of the mediation process and the techniques used

availability of options for legal advice in relation to common types of dispute

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

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.

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. Assess the level of agreement

1.1 Assess when agreement has been reached or when it is not possible based on progress of mediation

1.2 Support participants in reaching agreement across the final impasses and gaps using negotiation and problem-solving skills

1.3 Confirm clarity of participants’ understanding of any agreement and their roles and responsibilities

2. Provide information and referral

2.1 Discuss information on further dispute resolution options if agreement is not reached

2.2 Outline the options for legal advice as one way of managing any lack of agreement

2.3 Apply case management guidelines with participants according to the specific case

3. Document and communicate outcome

3.1 Accurately record agreements and outstanding issues according to organisation procedures

3.2 Agree on process to communicate the outcome of the mediation to third participants

3.3 Specify actions to support implementation of the mediation and seek agreement between all participants to the dispute

3.4 Ensure mediation outcomes reflect shared responsibility and short/long term and contingency plans

4. Evaluate mediation

4.1 Identify and reflect on areas of strength and challenge in the mediation process

4.2 Reflect on and review own role as mediator

4.3 Use learning from evaluation to inform future practice

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:

consolidated, concluded, documented and evaluated at least 5 mediation processes with clients with varying circumstances and types of dispute

used and adapted the following communication skills to meet the needs of different clients during the consolidation and concluding phases:

paraphrasing

summarising

problem-solving

negotiation and decision-making.

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 concluding the mediation process, and how these are applied in organisations and individual practice:

bias

codes of conduct

conflicts of interest

discrimination

duty of care

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 functions of the final stages of the mediation process, including:

negotiation

reaching and making decisions

relationship between the conclusion stage and other stages of mediation

the consolidation and decision making stage of the mediation process and the techniques used

availability of options for legal advice in relation to common types of dispute

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

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.

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
 
Assess when agreement has been reached or when it is not possible based on progress of mediation 
Support participants in reaching agreement across the final impasses and gaps using negotiation and problem-solving skills 
Confirm clarity of participants’ understanding of any agreement and their roles and responsibilities 
Discuss information on further dispute resolution options if agreement is not reached 
Outline the options for legal advice as one way of managing any lack of agreement 
Apply case management guidelines with participants according to the specific case 
Accurately record agreements and outstanding issues according to organisation procedures 
Agree on process to communicate the outcome of the mediation to third participants 
Specify actions to support implementation of the mediation and seek agreement between all participants to the dispute 
Ensure mediation outcomes reflect shared responsibility and short/long term and contingency plans 
Identify and reflect on areas of strength and challenge in the mediation process 
Reflect on and review own role as mediator 
Use learning from evaluation to inform future practice 

Forms

Assessment Cover Sheet

CHCMED003 - Consolidate and conclude 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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Assessment Record Sheet

CHCMED003 - Consolidate and conclude 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:

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