Google Links

Follow the links below to find material targeted to the unit's elements, performance criteria, required skills and knowledge

Elements and Performance Criteria

1. Elements define the essential outcomes
2. Confirm the mediation with participants
   • Review existing information to assess and confirm the suitability of the dispute for mediation
   • Provide accurate and relevant information about the mediation processes available
   • Identify specific needs for co-mediators and others to be involved in the process
   • Clarify and confirm roles of co-mediators and others involved in the process
   • Verify that all participants to the mediation understand the sequential steps of the process
   • Provide clear and accurate information on roles, responsibilities and limitations of individuals and organisations involved
   • Outline the boundaries of confidentiality and privacy to participants
3. Gather and analyse information about the dispute
   • Identify required information to mediate the dispute
   • Assist and encourage participants to identify and exchange relevant information
   • Identify gaps in information and communicate with participants and others involved
   • Provide information to assist participants seek professional support to gain information required
   • Analyse issues and risks presented prior to the mediation to assess most suitable case management options
   • Clarify the need to seek advice on legal or factual complexity of the matter
4. Assess readiness and commitment to participate
   • Clarify expectations of participants and assess willingness to commit to process of negotiation and mediation
   • Assess power differentials between participants based on dispute information and own observations
   • Assess cultural perspectives that may affect the mediation process
   • Use security and safety guidelines according to legislative and organisation procedures
   • Review the intake process, compare with own assessment and respond to situations requiring referral to other internal or external services
5. Prepare venue and resources for mediation
   • Prepare venue according to participant needs
   • Identify and respond to language to accommodate specific needs of the participants
   • Engage the services of others according to organisation guidelines
   • Organise equipment, tools and any other resources required to support mediation process

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:

prepared for at least 5 different mediations according to organisation procedures

gathered, sourced and analysed varied types information that informs mediation, including the following:

intake information

client case documentation

information from external agencies/professionals

information obtained directly from the parties, family, significant others or carers

legal documentation.

---

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 for mediation, and how these are applied in organisations and individual practice:

bias

codes of conduct and current national standards

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

principles and function of the mediation preparation process, including:

communication between the participants, exchanges of information and seeking of understanding

relationship between the preparation stage and other stages of mediation

the nature of conflict, including the dynamic of power and violence

circumstances in which mediation may or may not be appropriate

how to prepare for mediation and assess suitability

types of information that may need to be gathered/assessed:

interview with parties, family, significant others and carers

case/file documentation

information from professionals

information from service providers

diverse perspectives for mediation and how these may interact with, and impact on the mediation preparation, 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

legal, social, cultural, and economic and context within which the mediation is occurring

other dispute resolution procedures available

availability of professional, academic, technical, community and educational resources for client use or referral

legal, ethical and associated standards that may be applicable if the case were taken further to trial

---