Unit of Competency Mapping – Information for Teachers/Assessors – Information for Learners

PSPCRT016 Mapping and Delivery Guide
Administer alternative dispute-resolution proceedings

Version 1.0
Issue Date: April 2024


Qualification -
Unit of Competency PSPCRT016 - Administer alternative dispute-resolution proceedings
Description
Employability Skills
Learning Outcomes and Application This unit describes the skills required to administer alternative dispute-resolution (ADR) proceedings, including mandatory and voluntary proceedings within the court, or referral to other services. It includes communicating and clarifying information with consideration of client needs and diversity and ensuring compliance with ADR procedures or support ADR processing.This unit applies to those working within the court system operating under procedures set by the court.The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to, particularly those set by the court.Those undertaking this unit would generally work independently with occasional supervisory responsibilities. They would perform complex tasks in a range of familiar and unfamiliar contexts.No licensing, legislative or certification requirements apply to unit at the time of publication.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.

Assessment of this unit requires a workplace environment or one that closely resembles normal work practice and replicates the diverse conditions likely to be encountered when administering dispute resolution proceedings.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.
Prerequisites/co-requisites
Competency Field Courts
Development and validation strategy and guide for assessors and learners Student Learning Resources Handouts
Activities 		Slides
PPT 		Assessment 1 Assessment 2 Assessment 3 Assessment 4
Elements of Competency Performance Criteria              
Element: Arrange compliance with mandatory ADR procedures
  • Explain benefits of ADR procedures and answer client’s questions.
  • Explain procedural requirements.
  • Identify potential difficulties in arranging delivery of services and address or refer them for action.
  • Use negotiation and conflict-resolution skills to gain agreement to arrangements and complete documentation.
       
Element: Refer parties to ADR procedures and services
  • Assess eligibility for access to ADR services and potential circumstances where ADR may not be appropriate and address or refer them for action.
  • Identify legislative and other constraints and take into account when advising on appropriate dispute-resolution process.
  • Analyse the issues and the parties’ willingness and capability to assess the most suitable resolution process.
  • Explain procedural requirements and confirm understanding.
  • Explain impact of ADR proceedings on case management.
       
Element: Support ADR processes
  • Outline and implement processes to ensure respect for client’s safety and needs.
  • Explain client responsibility and contribution to outcomes and confirm understanding.
  • Assist client to prepare for problem solving and negotiation.
  • Explain privacy and confidentiality requirements of proceedings.
       
Element: Arrange compliance with mandatory ADR procedures
  • Explain benefits of ADR procedures and answer client’s questions.
  • Explain procedural requirements.
  • Identify potential difficulties in arranging delivery of services and address or refer them for action.
  • Use negotiation and conflict-resolution skills to gain agreement to arrangements and complete documentation.
       
Element: Refer parties to ADR procedures and services
  • Assess eligibility for access to ADR services and potential circumstances where ADR may not be appropriate and address or refer them for action.
  • Identify legislative and other constraints and take into account when advising on appropriate dispute-resolution process.
  • Analyse the issues and the parties’ willingness and capability to assess the most suitable resolution process.
  • Explain procedural requirements and confirm understanding.
  • Explain impact of ADR proceedings on case management.
       
Element: Support ADR processes
  • Outline and implement processes to ensure respect for client’s safety and needs.
  • Explain client responsibility and contribution to outcomes and confirm understanding.
  • Assist client to prepare for problem solving and negotiation.
  • Explain privacy and confidentiality requirements of proceedings.
       


Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Arrange compliance with mandatory ADR procedures

1.1 Explain benefits of ADR procedures and answer client’s questions.

1.2 Explain procedural requirements.

1.3 Identify potential difficulties in arranging delivery of services and address or refer them for action.

1.4 Use negotiation and conflict-resolution skills to gain agreement to arrangements and complete documentation.

2. Refer parties to ADR procedures and services

2.1 Assess eligibility for access to ADR services and potential circumstances where ADR may not be appropriate and address or refer them for action.

2.2 Identify legislative and other constraints and take into account when advising on appropriate dispute-resolution process.

2.3 Analyse the issues and the parties’ willingness and capability to assess the most suitable resolution process.

2.4 Explain procedural requirements and confirm understanding.

2.5 Explain impact of ADR proceedings on case management.

3. Support ADR processes

3.1 Outline and implement processes to ensure respect for client’s safety and needs.

3.2 Explain client responsibility and contribution to outcomes and confirm understanding.

3.3 Assist client to prepare for problem solving and negotiation.

3.4 Explain privacy and confidentiality requirements of proceedings.

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

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

identifying client needs and assessing suitability for relevant services

identifying appropriate services and resources for referral

negotiating and resolving conflict

using facilitation skills in relation to ADR processes

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

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

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assignment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Arrange compliance with mandatory ADR procedures

1.1 Explain benefits of ADR procedures and answer client’s questions.

1.2 Explain procedural requirements.

1.3 Identify potential difficulties in arranging delivery of services and address or refer them for action.

1.4 Use negotiation and conflict-resolution skills to gain agreement to arrangements and complete documentation.

2. Refer parties to ADR procedures and services

2.1 Assess eligibility for access to ADR services and potential circumstances where ADR may not be appropriate and address or refer them for action.

2.2 Identify legislative and other constraints and take into account when advising on appropriate dispute-resolution process.

2.3 Analyse the issues and the parties’ willingness and capability to assess the most suitable resolution process.

2.4 Explain procedural requirements and confirm understanding.

2.5 Explain impact of ADR proceedings on case management.

3. Support ADR processes

3.1 Outline and implement processes to ensure respect for client’s safety and needs.

3.2 Explain client responsibility and contribution to outcomes and confirm understanding.

3.3 Assist client to prepare for problem solving and negotiation.

3.4 Explain privacy and confidentiality requirements of proceedings.

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Explain benefits of ADR procedures and answer client’s questions. 
Explain procedural requirements. 
Identify potential difficulties in arranging delivery of services and address or refer them for action. 
Use negotiation and conflict-resolution skills to gain agreement to arrangements and complete documentation. 
Assess eligibility for access to ADR services and potential circumstances where ADR may not be appropriate and address or refer them for action. 
Identify legislative and other constraints and take into account when advising on appropriate dispute-resolution process. 
Analyse the issues and the parties’ willingness and capability to assess the most suitable resolution process. 
Explain procedural requirements and confirm understanding. 
Explain impact of ADR proceedings on case management. 
Outline and implement processes to ensure respect for client’s safety and needs. 
Explain client responsibility and contribution to outcomes and confirm understanding. 
Assist client to prepare for problem solving and negotiation. 
Explain privacy and confidentiality requirements of proceedings. 
Explain benefits of ADR procedures and answer client’s questions. 
Explain procedural requirements. 
Identify potential difficulties in arranging delivery of services and address or refer them for action. 
Use negotiation and conflict-resolution skills to gain agreement to arrangements and complete documentation. 
Assess eligibility for access to ADR services and potential circumstances where ADR may not be appropriate and address or refer them for action. 
Identify legislative and other constraints and take into account when advising on appropriate dispute-resolution process. 
Analyse the issues and the parties’ willingness and capability to assess the most suitable resolution process. 
Explain procedural requirements and confirm understanding. 
Explain impact of ADR proceedings on case management. 
Outline and implement processes to ensure respect for client’s safety and needs. 
Explain client responsibility and contribution to outcomes and confirm understanding. 
Assist client to prepare for problem solving and negotiation. 
Explain privacy and confidentiality requirements of proceedings. 

Forms

Assessment Cover Sheet

PSPCRT016 - Administer alternative dispute-resolution proceedings
Assessment task 1: [title]

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Assessment Record Sheet

PSPCRT016 - Administer alternative dispute-resolution proceedings

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Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

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Overall assessment result: Competent Not yet competent

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