This describes the essential skills and knowledge and their level required for this unit

Essential knowledge

The candidate must be able to demonstrate essential knowledge required to effectively do the task outlined in elements and performance criteria of this unit manage the task and manage contingencies in the context of the identified work role

These include knowledge of

Practitioners professional ethical standards

Knowledge of what constitutes bias and perceived bias

Knowledge of what constitutes conflict of interest and perceived conflict of interest

Working knowledge and application of impartiality for dispute resolution practitioners when required to inform clients of legal parameters

Contemporary research and approaches in the provision of conflict management approaches

Contemporary research and approaches in responding to needs of Aboriginal and Torres Strait Islander families and communities

Contemporary research and approaches in responding to needs of culturally and linguistically diverse families and communities

Thorough understanding of the provision for children and propertyfinancial matters in the Family Law Act and Child Support AssessmentAct within specified job role

Impact of conflict particularly high and orongoing conflict on children and the use of child focused and child inclusive techniques to address and minimise these impacts

Understanding and relevant application within job role context of main concepts of family couple and child dynamics in normal developmental and abnormal forms

An understanding of the sources of power imbalances in relationships and an ability to recognise and respond appropriately to the indicators of such imbalances in their clients

Procedures and instruments to screen for abuse before and during the dispute resolution process in addition to safety planning requirements and procedures for clients and staff as well as limitations

Community educational or other resources for referral or use within the dispute resolution process

Other dispute resolution options such as litigation or community based interventions as well as their strengths and limitations

Self knowledge including personal and cultural attitudes toward family conflict and the impact of self on the parties and process

Range of impacts of separation and divorce on couples parents children and other family members

Essential skills

It is critical that the candidate demonstrate the ability to

Avoid bias and conflict of interest and how to avoid professional breaches of conduct and ethical standards and how to manage them whenif they arise

Apply dispute diagnostic skills including

recognising indicators of substance abuse

recognise and respond appropriately to the indicators of domestic and family violence and abuse and power imbalances in client situations

identifying responding to and managing cultural dimensions of the conflict

recognise own reactions to the dispute andor disputants that might impair practitioner ability to conduct a fair process

Apply relationship skills including

effective liaison and working relationships with other allied professionals

establishing and maintaining trust and respect

encouraging client self determination

recognising own reactions to the dispute andor disputants that might impair practitioner ability to conduct a fair process

applying age appropriate methods of relating to and eliciting perceptions information and responses from children who have experienced high levels of parental conflict where relevant to job role

Apply content management skills including

obtaining identifying analysing prioritising and evaluating information

assessing the issues and options and reasoning logically

reading comprehending and using relevant documentation

writing clearly and concisely using neutral language

creating maintaining and organising records and materials in an appropriate manner

eliciting information from other professionals in the dispute resolution process

using and exchanging information in a manner that broadens rather than limits the participants options

Apply process skills including

conducting appropriate intake procedures and ascertaining appropriateness of mediation for participants

assisting participants to articulate concerns negotiate and develop and agenda

assisting participants in converting positions of interest and to explore own underlying interests and become aware of others particularly children

working within a child focused approach

encouraging clients to focus on future options and contingencies and to create and assess workable options

assisting clients to understand consequences of their suggestions and plans

The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria Required Skills and Knowledge the Range Statement and the Assessment Guidelines for this Training Package

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

The individual being assessed must provide evidence of specified essential knowledge as well as skills

Observation of workplace performance is essential for assessment of this unit

Consistency of performance should be demonstrated over the required range of client situations or scenarios relevant to the workplace including

facilitated family dispute resolution

family conciliation

cofacilitated dispute resolution

with voluntary and involuntary participants

case of parenting and property disputes

multiparty dispute resolution

complex cases

Access and equity considerations

All workers in community services should be aware of access equity and human rights issues in relation to their own area of work

All workers should develop their ability to work in a culturally diverse environment

In recognition of particular issues facing Aboriginal and Torres Strait Islander communities workers should be aware of cultural historical and current issues impacting on Aboriginal and Torres Strait Islander people

Assessors and trainers must take into account relevant access and equity issues in particular relating to factors impacting on Aboriginal andor Torres Strait Islander clients and communities

Context of and specific resources for assessment

In cases where the learner does not have the opportunity to cover all relevant aspects in the work environment the remainder should be assessed through realistic simulations projects previous relevant experience or oral questioning on What if scenarios

Assessment of this unit of competence will usually include observation of processes and procedures oral andor written questioning on essential knowledge and skills and consideration of required attitudes

Where performance is not directly observed andor is required to be demonstrated over a period of time andor in a number of workplace settings any evidence should be authenticated by colleagues supervisors clients or other appropriate persons

Method of assessment

Observation in the workplace

Written assignmentsprojects or questioning should be used to assess knowledge

Case study and scenario as a basis for discussion of issues and strategies to contribute to best practice

Dispute resolution skills involving actual client contact are to be assessed initially in simulated settings If successful further assessment is to be conducted during workplace application under direct supervision of an experienced and qualified dispute resolution practitioner

The assessment environment should not disadvantage the candidate

Assessment practices should take into account any relevant language or cultural issues related to Aboriginality gender or language barriers other than English

Where the candidate has a disability reasonable adjustment may be applied during assessment

Language and literacy demands of the assessment task should not be higher than those of the work role

Bias or conflict of interest may include:

Impartiality means:

Professional code of ethics may include but is not limited to:

Referral to other services may include: