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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. Assess the level of agreement
  3. Provide information and referral
  4. Document and communicate outcome
  5. Evaluate mediation

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:

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.


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 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.