This unit applies to Dispute Resolution Practitioners performing complex family dispute resolution using a variety of facilitative processes within the Family Law environment

ELEMENT

PERFORMANCE CRITERIA

1. Obtain participants' agreement to enter into facilitated dispute resolution

1.1 Explain the facilitated dispute resolution process to potential participants

1.2 Advise participants of the practitioner's role and any limitations in relation to the provision of advice or other services

1.3 Discuss with the participants the family dispute resolution practitioner's specific procedures and practices

1.4 Explain limitations on confidentiality and obtain written agreement to participate in dispute resolution process

2. Assist participants to define and clarify the issues

2.1 Engage with participants using a range of interpersonal and effective communication skills and organisation resources to identify parenting and property or assets issues for consideration

2.2 Screen for family violence using a range of tools prior to the commencement of the dispute resolution process

2.3 Identify the most appropriate dispute resolution process for the client's presenting circumstance

2.4 Explain the practitioner's chosen process for dispute resolution

2.5 Document information and actions according to organisation policy and/or relevant legislation

3. Assist communication and information exchange between participants

3.1 Use a broad range offacilitation skills to encourage active listening between participants

3.2 Manage the interactions between participants to ensure fair and respectful engagement

3.3 Conduct separate sessions where appropriate

3.4 Manage power imbalances in the dispute resolution session

4. Invite the framing of disputes so as to increase the range of options

4.1 Assist participants to develop agendas for the process that consider the broader range of issues

4.2 Provide expert information in a facilitative role, whilst maintaining impartiality, and client self determination, refraining from advising on a particular outcome

4.3 Assist parties to communicate on issues that impact on children, with regard to practitioner's legislative requirements to consider best interests of the child

5. Encourage mutual personal understanding between participants

5.1 Encourage participants to acknowledge each other's needs, fears and concerns using communication techniques

5.2 Identify and encourage cooperative behaviour and demonstrated and/or expressed intentions to commit to resolving disputes

5.3 Monitor and manage any disruptive behaviours and communications

6. Assist participants to generate and evaluate options

6.1 Use techniques and strategies to aid participant to generate potential options for dispute resolution

6.2 Encourage discussion about the effects of each option on parties involved in the dispute, with particular consideration for children affected by the agreement to be made

6.3 Promote and monitor the best interests of the child in participants' agreements, including assessment of risk to vulnerable parties

6.4 Document outcomes and agreements according to organisation and legislative requirements.

6.5 Explain any legal obligations of agreements reached, if applicable

6.6 Provide participants with appropriate referral supports post dispute resolution

This describes the essential skills and knowledge and their level required for this unit.

Essential knowledge:

The candidate must be able to demonstrate essential knowledge required to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role

These include knowledge of:

Contemporary research and approaches in the provision of conflict management

Contemporary research and approaches in responding to needs of Aboriginal and Torres Strait Islander families and communities

Contemporary research and approaches in responding to needs of culturally and linguistically diverse families and communities

Thorough understanding of the provision for children and property in the Family Law Act, Child Support (Assessment)Act

Impact of conflict, particularly high and/or ongoing conflict, on children, and the use of child focused and child inclusive techniques to address and minimise these impacts where required in job role

Understanding and relevant application within job role context of main concepts of family, couple and child dynamics in normal developmental and abnormal forms

An understanding of the sources of power imbalances in relationships and an ability to recognise and respond appropriately to the indicators of such imbalances in their clients.

Procedures and instruments to screen for abuse before and during the dispute resolution process in addition to safety planning requirements and procedures for clients and staff as well as limitations.

Community, educational or other resources for referral or use within the dispute resolution process

Other dispute resolution options such as litigation or community based interventions, as well as their strengths and limitations

Self knowledge, including personal and cultural attitudes toward family conflict and the impact of self on the parties and process

Range of impacts of separation and divorce on couples, parents, children and other family members

Essential skills:

It is critical that the candidate demonstrate the ability to:

Apply dispute diagnostic skills including:

recognising indicators of substance abuse

recognising and responding appropriately to the indicators of domestic and family violence and abuse and power imbalances in client situations

identifying, responding to and managing cultural dimensions of the conflict

recognising own reactions to the dispute and/or disputants that might impair practitioner ability to conduct a fair process

Apply relationship skills including:

effective liaison and working relationships with other allied professionals

establishing and maintaining trust and respect

encouraging client self determination

recognising own reactions to the dispute and/or disputants that might impair practitioner ability to conduct a fair process

applying age appropriate methods of relating to and eliciting perceptions, information and responses from children who have experienced high levels of parental conflict

Apply content management skills including:

obtaining, identifying, analysing, prioritising and evaluating information

assessing the issues and options and reasoning logically

reading, comprehending and using relevant documentation

writing clearly and concisely using neutral language

creating, maintaining and organising records and materials in an appropriate manner

eliciting information from other professionals in the dispute resolution process

using and exchanging information in a manner that broadens rather than limits the participants' options.

recognise issues that may undermine the dispute resolution process, like mental health, alcohol and other drug issues

Apply process skills including:

conducting appropriate intake procedures and ascertaining appropriateness of mediation for participants

assisting participants to articulate concerns, negotiate and develop an agenda

assisting participants in converting positions of interest and to explore own underlying interests and become aware of others, particularly children

work within a child focused approach.

encourage clients to focus on future options and contingencies and to create and assess workable options

assist clients to understand consequences of their suggestions and plans

The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria, Required Skills and Knowledge, the Range Statement and the Assessment Guidelines for this Training Package.

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

The individual being assessed must provide evidence of specified essential knowledge as well as skills.

Observation of workplace performance is essential for assessment of this unit

Consistency of performance should be demonstrated over the required range of client situations or scenarios relevant to the workplace including:

facilitated family dispute resolution

family conciliation

co-facilitated dispute resolution

with voluntary and involuntary participants

case of parenting and property disputes

multiparty dispute resolution

complex cases

Access and equity considerations:

All workers in community services should be aware of access, equity and human rights issues in relation to their own area of work

All workers should develop their ability to work in a culturally diverse environment

In recognition of particular issues facing Aboriginal and Torres Strait Islander communities, workers should be aware of cultural, historical and current issues impacting on Aboriginal and Torres Strait Islander people

Assessors and trainers must take into account relevant access and equity issues, in particular relating to factors impacting on Aboriginal and/or Torres Strait Islander clients and communities

Context of and specific resources for assessment:

In cases where the learner does not have the opportunity to cover all relevant aspects in the work environment, the remainder should be assessed through realistic simulations, projects, previous relevant experience or oral questioning on 'What if?' scenarios

Assessment of this unit of competence will usually include observation of processes and procedures, oral and/or written questioning on essential knowledge and skills and consideration of required attitudes

Where performance is not directly observed and/or is required to be demonstrated over a period of time and/or in a number of workplace settings, any evidence should be authenticated by colleagues, supervisors, clients or other appropriate persons

Method of assessment may include:

Observation in the workplace

Written assignments/projects or questioning should be used to assess knowledge

Case study and scenario as a basis for discussion of issues and strategies to contribute to best practice

Dispute resolution skills involving actual client contact are to be assessed initially in simulated settings

If successful, further assessment is to be conducted during workplace application under direct supervision of an experienced and qualified dispute resolution practitioner

The assessment environment should not disadvantage the candidate

Assessment practices should take into account any relevant language or cultural issues related to Aboriginality, gender or language barriers other than English

Where the candidate has a disability, reasonable adjustment may be applied during assessment

Language and literacy demands of the assessment task should not be higher than those of the work role

Related units:

This unit is most appropriately assessed in conjunction with related unit:

CHCDISP802B Implement dispute resolution strategies

The Range Statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Add any 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.

Appropriateness of process may include:

Parties' particular circumstances

Benefits and risks of the process

Alternatives open to the participants

Practitioner's role and any limitationsmay include:

Legal advice

Legal representation

Therapeutic intervention limitations

Limitations on confidentiality may include but are not limited to:

Mandatory obligations on matters of child abuse and/or domestics and family violence

Criminal matters with risk to self and/or others

Duty of Care to self, client, community and colleagues

Disclosed risks of harm for client, staff, community

Other applicable legislation and regulations within work role and jurisdictions

Interpersonal and effective communication skills may include:

Approach is non-judgemental

Displaying empathy to for all participants before, during and after the process

Active, effective and appropriate listening

Clarifying information and assumptions

Speaking clearly, simply, effectively at the communication and comprehension level of the participants

Establish rapport with each of the participants and demonstrating respect for individual difference

Questioning to elicit information, feeling, fears and perspectives

Working effectively with interpreters

Parenting and property or assets issues may include but is not limited to:

Asset division

Child support payments

Residency of children

Contact with non resident parents

Variations and/or review of existing agreements

Tools for screening for family violence may include:

Documented questionnaires and procedures for gathering information in relation to risk

Scripts and preambles

Defined questions

Measures and rating scales of risk

Dispute resolution process may include but is not limited to:

Forms of mediation:

facilitative

settlement oriented

therapeutic

evaluative

narrative

Range of facilitation skills may include:

Mirroring strategy

Role modeling cooperation and listening through co-facilitation/mediation

Reframing issues

Respectful interruptions

Encouraging active listening

Formulating transition statements for clarification

Recognising power imbalances and manage high levels of conflict

Managing risk issues if necessary and terminate the process of dispute resolution safely

Knowing how and when to use individual sessions

Provide expert information in a facilitative role may include:

Expert information which does not infringe upon participant self determination, however, assist the participants to view situations more broadly with the aid of expert information

The expert information provide is considered an intervention or facilitative strategy which acts as a bridge between the principle of self determination and any legislative requirements

Client self determination means:

Managing the process of dispute resolution in a non directive manner whereby participants determine the outcome

The facilitative role does not include the provisions of advice or determination of dispute resolution.

Communication skills to encourage effective participation may include:

Reframing positional statements in terms of underlying interests, such as needs, fears, and concerns

Clarifying information and assumptions from both participants

Summarising communications and consolidating areas of participants' agreements

Giving constructive feedback

Working effectively with interpreters

Assessment of risk to vulnerable parties may include:

Processes for evaluating the nature of specific risks to safety for individual clients using tools and structured clinical judgement

The content of risk may relate to:

exposure to violence

mental health issues

children's and parenting issues

Risk may include but is not limited to:

Being physically hurt, intimidated, bullied, harassed or controlled

Threatened with physical harm, intimidation, bullying or harassment

Harm or threat of harm to children

Harm or threat of harm to pets and loved ones

Harm or threat of harm to property

Inability to fully participate in significant events such as court ordered mediations

Having residential address known by a person who uses violence against you

This unit contains Employability Skills