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Elements and Performance Criteria
Performance Evidence
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:biascodes of conduct conflicts of interestdiscriminationduty of care privacy, confidentiality and disclosurerecords management rights and responsibilities of workers, employers and clientsspecific legislation that affects mediation, including:freedom of informationtypes of court orders or other legal parameters that may impactwork role boundaries – responsibilities and limitations of the mediator and the roles and functions of support persons, lawyers and other professionalswork health and safetyprinciples and functions of the final stages of the mediation process, including:negotiationreaching and making decisionsrelationship between the conclusion stage and other stages of mediationthe 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 disputethe nature of conflict, including the dynamics of power and violencecommunication patterns in conflict and negotiationnegotiation dynamics in mediation, including manipulative and intimidating tacticsdiverse perspectives for mediation and how these may interact with, and impact on the mediation, including:attitudes of members within a familyvariations on the agreed norms and range of behaviours culture in relation to problem-solving and dispute resolutionculture in relation to negotiation, concessions and compromisevariations in relation to written, spoken and non-verbal communicationattitudes towards physical space, venue and timeattitudes towards the role of outsiders in dispute resolutionattitudes in relation to the role of law, the courts, lawyers and professional advisersown strengths and limitations in handling the mediation process, and the boundaries of one’s roleown interpersonal communication style and the effect it has on othersown personal responses to conflict and high emotion and potential impact on mediation process.