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Elements and Performance Criteria

  1. Arrange compliance with mandatory ADR procedures.
  2. Refer parties to ADR procedures and services.
  3. Support ADR processes.

Required Skills

Required skills

communication and interpersonal skills to

provide explanations to others

promote understanding of legislation and regulations and organisational procedures policy and codes of practice in the context of ADR proceedings

analytical skills to

identify client needs and assess suitability for relevant services

identify appropriate services and resources for referral

negotiation and conflict resolution skills in relation to ADR processes

facilitation skills in relation to ADR processes

Required knowledge

legislation regulations organisational procedures and codes of practice in the context of ADR proceedings and services

principles of effective mediation and dispute resolution

distinction between legal and procedural information

principles of effective client service delivery

public sector legislation such as OHS diversity and equal opportunity in the context of communication

Evidence Required

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria required skills and knowledge range statement and the Assessment Guidelines for the Training Package

Overview of assessment

Competency must be demonstrated in administering alternative disputeresolution ADR proceedings including mandatory and voluntary proceedings within the court or referral to other services

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

Assessment must confirm the ability to

explain options for ADR procedures

gain client approval to proceed to select and arrange ADR procedures

understand conditions and eligibility for ADR procedures

identify suitable procedures to match client needs

support client in preparation for ADR procedures

comply with information sharing and privacy protocols

Consistency in performance

Competency should be demonstrated by

explaining a range of ADR procedures to diverse clients

referring clients in a range of settings to appropriate services

supporting diverse clients in preparing for a range of ADR procedures

Context of and specific resources for assessment

Assessment must comply with

applicable regulations and codes

workplace procedures and protocols

Access may be required to

a workplace environment or one that closely resembles normal work practices and replicates the range of conditions likely to be encountered when

administering mandatory ADR proceedings

referring parties to ADR services

relevant legislation procedures policy and codes of practice for mandatory ADR proceedings

relevant legislation procedures policy codes of practice and information for voluntary ADR services

scenarios andor case studies to capture the range of situations and issues likely to be encountered

access to relevant communication and reporting systems

Guidance information for assessment

The following assessment methods are suggested

oral questioning about types and benefits of ADR procedures and eligibility criteria

observation of the candidate administering ADR procedures in a range of contexts to ensure achievement of the unit outcomes

feedback from peers andor supervisor that the candidate consistently applies relevant workplace procedures

review of records completed by candidate or reports of performance

In all cases practical assessment should be supported by questions to assess underpinning knowledge and those aspects of competency that are difficult to assess directly Questioning techniques should suit the language and literacy levels of the candidate


Range Statement

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

ADRprocedures may include:

mediation

registrar conference

counselling

arbitration

conference before an appointed presiding officer

Procedural requirements may include:

attendance of self and others

collection and delivery of information

order of events

role of presiding officer

possible outcomes

documentation

Potential difficulties may include:

language

financial

security

emotional state of parties

travel

Eligibility for access may include:

financial resources

agreement of parties

jurisdiction

nature of dispute

Client responsibility and contribution may include:

active listening

respect for procedures

respect for the presiding official

commitment to reduction of issues

Privacy and confidentiality requirements may include:

legislative

organisational policy and procedures

attendee agreements