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.
Elements and Performance Criteria
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 of Performance
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 of Knowledge
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
Assessment Conditions
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.
Foundation Skills
The foundation skills demands of this unit have been mapped for alignment with the Australian Core Skills Framework (ACSF). The following tables outline the performance levels indicated for successful attainment of the unit.
Further information on ACSF and the foundation skills underpinning this unit can be found in the Foundation Skills Guide on the GSA website.
Competency Field
Courts