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Elements and Performance Criteria
Performance Evidence
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:
performed the activities outlined in the performance criteria of this unit according to legal requirements and ethical standards during a period of 50 hours of dispute resolution work with clients, under the supervision of an accredited Family Dispute Resolution Practitioner (FDRP), in a dispute resolution servicefacilitated, either individually or in a co-facilitation capacity, at least 5 different dispute resolution processes that individually or cumulatively include matters relating to:domestic and family violencechild abuse/child protectionfinances, including child supportproperty facilitated disputes that involve:multiple partiesvoluntary participantsinvoluntary participantsmanaged sessions where all parties are present, and in a shuttle situationused dispute diagnostic skills, and responded to:indicators of substance abusemental health issuesdomestic and family violenceabuse and power imbalances in client situationscultural dimensions of the conflictown reactions to the dispute and/or disputants applied relationship skills including:effective liaison and working relationships with other allied professionalsestablishing and maintaining trust and respectencouraging client self determinationrecognising own reactions to the dispute and/or disputants that might impair practitioner ability to conduct a fair processuse of age appropriate communicationused interpersonal communication skills, including:non-judgemental approachdisplaying empathy active listening and questioningclarifying information and assumptionsspeaking clearly, simply, effectively at the communication and comprehension level of the participantsestablishing rapport showing respect for individual differenceused facilitation strategies and techniques, including:mirroring strategyrole modelling cooperation and listeningreframing issuesrespectful interruptionsencouraging active listening formulating transition statements for clarificationmanaging power imbalances and high levels of conflictapplied critical thinking and content management skills including:obtaining, identifying, analysing, prioritising and evaluating informationassessing issues and options and reasoning logicallyreading, comprehending and using relevant documentationwriting clearly and concisely using neutral languagecreating, maintaining and organising records eliciting information from other professionals using and exchanging information in a manner that broadens rather than limits the participants’ optionsapplied process skills, including:working with a child focused approachfollowing the agreed structure of the dispute resolution process.
Knowledge Evidence
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 (national, state/territory) for the dispute resolution process, and how these are applied in organisations and individual practice:children in the workplace and child-focused practice, including when agreements are not child-focusedcodes of conduct discriminationduty of care human rights informed consent mandatory reporting practitioner/client boundaries policy frameworks privacy, confidentiality and disclosure, including limitationsrecords management rights and responsibilities of workers, employers and clientsspecific legislative frameworks that apply to family dispute resolution, including:provisions for children and property in the Family Law Act 1975, Child Support (Assessment) Act 1989Family Law (Family Dispute Resolution Practitioners) Regulation 2008 in terms of family dispute resolution practitioner obligations and rolework role boundaries – responsibilities and limitations, including how to work with lawyers involved in the processwork health and safetycase management principles and processescontemporary research and approaches to the following:conflict management responding to needs of Aboriginal and Torres Strait Islander families and communitiesresponding to needs of culturally and linguistically diverse families and communitiesimpact of conflict, particularly high and/or ongoing conflict, on children, and the use of child focused and child inclusive techniques to address and minimise these impacts impacts of separation and divorce on couples, parents, children and other family membersmain concepts of family, couple and child dynamics in normal developmental and abnormal formssources of power imbalances in relationships, how to recognise these and respond appropriatelyprocedures and instruments to screen for significant matters that affect the ability of any party to negotiate freely in the dispute resolution process plus safety planning requirements, procedures and limitations for clients and staff different forms of mediation/dispute resolution process, their principles and practices:facilitative as the current primary modelsettlement orientedtherapeutic evaluativenarrative interpersonal communication techniques that support the process, including:non-judgemental approachdisplaying empathy active listening and questioningclarifying information and assumptionsspeaking clearly, simply, effectively at the communication and comprehension level of the participantsestablishing rapport showing respect for individual differencehow to work with interpretersfacilitation strategies and techniques, and when it is appropriate to use these, including:mirroring strategyrole modelling cooperation and listening through co-facilitation/mediationreframing issuesrespectful interruptionsencouraging active listening formulating transition statements for clarificationrecognising power imbalances and manage high levels of conflicthow to manage risk issues and how to terminate the process of dispute resolution safelyknowing how and when to use individual sessionshandling of parenting issues within the dispute resolution process, including:parenting arrangementschild support paymentsresidency of childrencontact with non resident parentsvariations and/or review of existing agreements and limitations of the dispute resolution role in assisting with this processhandling of property issues within the dispute resolution process, including:limitations of dispute resolutiontypes of information that may be included in a summary agreement about property mattersinformation considered valid by a courtdocumentation and reporting requirements and how to write up a mediation agreement, including:required informationrequired formatways of expressing different agreements and issuesuse of neutral languagetypes of risk to parties to be considered in dispute resolution, including other dispute resolution options such as litigation or community based interventions, as well as their strengths and limitationscommunity, educational or other resources for referral or use within the dispute resolution processself knowledge, including personal and cultural attitudes toward family conflict and the impact of self on the parties and process