This unit applies to human resources practitioners who have a role in the management of mediation within their organisation, or who may work as consultants providing mediation services to organisations.

The unit covers the policy framework required for the management of mediation and the skills associated with the provision of mediation.

Mediation is a process in which the parties to a dispute, with the assistance of a neutral third party (the mediator), identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement; the mediator has no advisory or determinative role in regard to the content of the dispute or the outcome of its resolution, but may advise on or determine the process of mediation whereby resolution is attempted.

Co mediation is where the neutral third party is a team comprising two or more persons (the mediators).

ELEMENT

PERFORMANCE CRITERIA

1. Develop mediation guidelines

1.1. Research and collate history of disputes and dispute resolution within the organisation, including triggers for disputes

1.2. Consult identified key stakeholders to determine requirements related to mediation

1.3. Determine mediation requirements within the organisation

1.4. Research and document models and systems for mediation

1.5. Identify and document parameters for a mediation system from consultation and research process

1.6. Draft and validate guidelines for mediation with stakeholders

1.7. Obtain endorsement for guidelines from senior management team

1.8. Circulate guidelines and train mediators in guidelines and procedures

2. Prepare for mediation

2.1. Identify parties in dispute requiring mediation and explain mediation procedure, in accordance with established guidelines

2.2. Obtain agreement and willingness to participate in the mediation process

2.3. Conduct separate interviews with parties in dispute and clarify issues

2.4. Verify and document position of each party to the dispute

2.5. Determine boundaries for allowable options in dispute

3. Settle dispute through mediation

3.1. Use a range of communication techniques to mediate

3.2. Establish mutual agreement between parties in dispute

3.3. Formulate options for resolution of dispute and preferences

3.4. Continue with mediation until agreement is reached or time constraints conclude

4. Finalise and review mediation

4.1. Circulate documented agreements to all parties and complete all documentation required by organisational guidelines

4.2. Review effectiveness of mediation, identify improvements and refine mediation guidelines

4.3. Assess and maintain currency of knowledge and skill base of mediators

Required skills

communication and problem-solving skills to mediate

literacy skills to write guidelines and to document outcomes of mediation.

Required knowledge

legislation, codes of practice and national standards:

Australian Standards

industry or professional bodies' codes of practice

legislation relating to privacy and confidentiality

legislation about equal opportunity and discrimination

mediation models.

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

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

Evidence of the following is essential:

guidelines for mediation which have been developed, disseminated, monitored and reviewed OR a critical evaluation of existing guidelines detailing the strengths and weaknesses of the approach

effective techniques in mediation of workplace issues

knowledge of relevant legislation, codes of practice and national standards.

Context of and specific resources for assessment

Assessment must ensure:

records of mediation within privacy and confidentiality provisions

access to feedback from parties involved in mediation within privacy and confidentiality provisions.

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:

analysis of responses to case studies and scenarios

analysis of validated mediation guidelines and refinement of these guidelines as necessary

assessment of written reports on mediation

demonstration of techniques in mediation

direct questioning combined with review of portfolios of evidence and third party workplace reports of on-the-job performance by the candidate

oral or written questioning to assess knowledge of mediation models

review of documentation outlining agreements and the process for circulating these documents

review of documentation outlining models and systems for mediation, and parameters for a mediation system

review of research into the history of disputes and dispute resolution within the organisation.

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:

other units from the Diploma of Human Resource Management.

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.

Triggers for disputes may include:

appeals, grievances and complaints that have escalated and remain unresolved

industrial disputes

interpersonal or team conflict

misunderstandings about expectations or contractual requirements

Key stakeholders may include:

management

partners

staff associations and other work-based groups

staff from other sites or locations

unions

Research into models and systems for mediation may include:

Australian Standards

benchmarking exercises

dispute sources and characteristics

internet searches

psychological associations and professional bodies

resolution techniques

textbooks and journals

training programs

Parameters for a mediation system may include:

code of conduct for mediation

logistics for mediation, including time limits on process, locations used, duration of sessions

number of mediators required within the organisation

privacy and confidentiality provisions

proformas for use in mediation process

rationale for engaging mediation process

recording and reporting requirements

separate discussions with disputing parties and group discussion

Verifying positions of parties to dispute may involve:

empathic consideration of personal or historical issues that may not relate to the specific dispute, but that may set the scene for it and need to be addressed in order to resolve the specific dispute

expert advice from third parties or other professionals as required

independent verification of claims made by non-involved parties

other action in line with mediation guidelines

research into facts about events, transactions or other information presented

Boundaries of allowable options refers to:

any existing policies, procedures and processes that place limits on the options that may be formulated in the dispute resolution process

Communication techniques may include:

active and involved listening, reframing, summarising, reflecting, clarifying, paraphrasing, problem-solving and option-generated listening

techniques to suit the particular flow of the discussions and in response to issues presented, to focus discussions on possible solutions

Currency of knowledge and skill base may be maintained through:

attendance at workshops or in-service activities

participation in formal and informal networking activities of mediators

undertaking formal training programs

Unit sector

Workforce Development - Human Resource Management

This unit contains employability skills.