Assessor Resource

PSPCRT415A
Administer alternative dispute-resolution proceedings

Assessment tool

Version 1.0
Issue Date: April 2024


This unit applies to court staff involved in the administration of ADR proceedings, who need to follow procedures and practices to facilitate appropriate outcomes for those involved.

This unit covers the competencies required to administer alternative dispute-resolution (ADR) proceedings, including mandatory and voluntary proceedings within the court, or referral to other services.

In the workplace, staff must be able to implement relevant procedures, protocols and policy relating to ADR proceedings. They must also be able to provide constructive and effective assistance, information and referral to the parties undertaking the process.

No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.

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

Prerequisites

Not applicable.

Employability Skills

This unit contains employability skills.



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.

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

Competency must be demonstrated in administering alternative dispute-resolution (ADR) proceedings, including mandatory and voluntary proceedings within the court, or referral to other services.

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Assessment must confirm the ability to:

explain options for ADR procedures

gain client approval to proceed to select and arrange ADR procedures

understand conditions and eligibility for ADR procedures

identify suitable procedures to match client needs

support client in preparation for ADR procedures

comply with information sharing and privacy protocols

Consistency in performance

Competency should be demonstrated by:

explaining a range of ADR procedures to diverse clients

referring clients in a range of settings to appropriate services

supporting diverse clients in preparing for a range of ADR procedures

Context of and specific resources for assessment

Assessment must comply with:

applicable regulations and codes

workplace procedures and protocols.

Access may be required to:

a workplace environment or one that closely resembles normal work practices and replicates the range of conditions likely to be encountered when:

administering mandatory ADR proceedings

referring parties to ADR services

relevant legislation, procedures, policy and codes of practice for mandatory ADR proceedings

relevant legislation, procedures, policy, codes of practice and information for voluntary ADR services

scenarios and/or case studies to capture the range of situations and issues likely to be encountered

access to relevant communication and reporting systems

Guidance information for assessment

The following assessment methods are suggested:

oral questioning about types and benefits of ADR procedures and eligibility criteria

observation of the candidate administering ADR procedures in a range of contexts to ensure achievement of the unit outcomes

feedback from peers and/or supervisor that the candidate consistently applies relevant workplace procedures

review of records completed by candidate or reports of performance

In all cases, practical assessment should be supported by questions to assess underpinning knowledge and those aspects of competency that are difficult to assess directly. Questioning techniques should suit the language and literacy levels of the candidate.

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.

Required skills

communication and interpersonal skills to:

provide explanations to others

promote understanding of legislation and regulations; and organisational procedures, policy and codes of practice in the context of ADR proceedings

analytical skills to:

identify client needs and assess suitability for relevant services

identify appropriate services and resources for referral

negotiation and conflict resolution skills in relation to ADR processes

facilitation skills in relation to ADR processes

Required knowledge

legislation, regulations, organisational procedures and codes of practice in the context of ADR proceedings and services

principles of effective mediation and dispute resolution

distinction between legal and procedural information

principles of effective client service delivery

public sector legislation, such as OHS, diversity and equal opportunity in the context of communication

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

ADRprocedures may include:

mediation

registrar conference

counselling

arbitration

conference before an appointed presiding officer

Procedural requirements may include:

attendance of self and others

collection and delivery of information

order of events

role of presiding officer

possible outcomes

documentation

Potential difficulties may include:

language

financial

security

emotional state of parties

travel

Eligibility for access may include:

financial resources

agreement of parties

jurisdiction

nature of dispute

Client responsibility and contribution may include:

active listening

respect for procedures

respect for the presiding official

commitment to reduction of issues

Privacy and confidentiality requirements may include:

legislative

organisational policy and procedures

attendee agreements

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
Explain benefits of ADR procedures and answer client's questions according to organisational policy and procedures. 
Explain procedural requirements using communication appropriate to client needs. 
Identify and address potential difficulties in arranging delivery of services or refer them for action. 
Gain agreement to arrangements using negotiation and conflict-resolution skills. 
Complete documentation according to organisational policy and procedures. 
Assess eligibility for access to ADR services. 
Identify legislative and other constraints and take into account when advising on appropriate dispute-resolution process. 
Analyse the issues and the parties' willingness and capability to assess the most suitable resolution process. 
Explain procedural requirements using communication appropriate to client needs. 
Explain impact of ADR proceedings on case management. 
Outline and implement processes to ensure respect for client's safety and needs. 
Explain client responsibility and contribution to outcomes. 
Assist client to prepare for problem solving and negotiation. 
Confirm client's understanding of the process. 
Explain privacy and confidentiality requirements of proceedings. 

Forms

Assessment Cover Sheet

PSPCRT415A - Administer alternative dispute-resolution proceedings
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

PSPCRT415A - Administer alternative dispute-resolution proceedings

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: