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Evidence Guide: CHCDSP001 - Facilitate dispute resolution in the family law context

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

The important thing to remember when gathering evidence is that the more evidence the better - that is, the more evidence you gather to demonstrate your skills, the more confident an assessor can be that you have learned the skills not just at one point in time, but are continuing to apply and develop those skills (as opposed to just learning for the test!). Furthermore, one piece of evidence that you collect will not usualy demonstrate all the required criteria for a unit of competency, whereas multiple overlapping pieces of evidence will usually do the trick!

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CHCDSP001 - Facilitate dispute resolution in the family law context

What evidence can you provide to prove your understanding of each of the following citeria?

Elements define the essential outcomes

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Determine suitability for dispute resolution

  1. Obtain and analyse existing client information
  2. Collaborate with colleagues and professional networks when additional information is needed and to support own understanding of the issues
  3. Make an assessment of presenting issues with potential participants according to the family dispute resolution framework
  4. Use the intake process to receive and share information that supports positive outcomes for potential participants
  5. Identify situations where the dispute is beyond scope of own practice and make referrals accordingly
Obtain and analyse existing client information

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Collaborate with colleagues and professional networks when additional information is needed and to support own understanding of the issues

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Make an assessment of presenting issues with potential participants according to the family dispute resolution framework

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Use the intake process to receive and share information that supports positive outcomes for potential participants

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify situations where the dispute is beyond scope of own practice and make referrals accordingly

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare for dispute resolution

  1. Analyse and prepare information to support the dispute resolution process
  2. Explain the facilitated dispute resolution process to participants
  3. Advise participants of the practitioner’s role, obligations and limitations
  4. Explain limitations on confidentiality and obtain written agreement to participate in dispute resolution process
Analyse and prepare information to support the dispute resolution process

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Explain the facilitated dispute resolution process to participants

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Advise participants of the practitioner’s role, obligations and limitations

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assist participants to define and clarify the issues

  1. Engage with participants using interpersonal skills and organisation resources to identify issuesfor consideration
  2. Screen for significant matters that affect the ability of any party to negotiate freely in the dispute resolution process
  3. Support participants to articulate concerns, negotiate and develop an agenda
  4. Identify and select the most appropriate dispute resolution process for the client’s presenting circumstance
  5. Explain the chosen process for dispute resolution
  6. Document information and actions according to organisation policy and legal requirements
Engage with participants using interpersonal skills and organisation resources to identify issuesfor consideration

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Screen for significant matters that affect the ability of any party to negotiate freely in the dispute resolution process

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Support participants to articulate concerns, negotiate and develop an agenda

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify and select the most appropriate dispute resolution process for the client’s presenting circumstance

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Explain the chosen process for dispute resolution

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Document information and actions according to organisation policy and legal requirements

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Facilitate communication and information exchange

  1. Use facilitation skills to encourage active listening between participants
  2. Manage interactions between participants in ways that ensure fair and respectful engagement
  3. Ensure each participant has equal opportunity to speak, be heard and present needs, interests and concerns
  4. Provide sufficient opportunity for participants to access advice and information from other experts
  5. Identify the need for, and conduct, separate sessions according to client needs
  6. Share information with others involved in the dispute in a timely way
Use facilitation skills to encourage active listening between participants

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Manage interactions between participants in ways that ensure fair and respectful engagement

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Ensure each participant has equal opportunity to speak, be heard and present needs, interests and concerns

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide sufficient opportunity for participants to access advice and information from other experts

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify the need for, and conduct, separate sessions according to client needs

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Share information with others involved in the dispute in a timely way

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Invite the framing of disputes to increase the range of options

  1. Assist participants to develop agendas for the process that consider the broader range of issues
  2. Frame and provide information in ways that assist the participants to view situations more broadly
  3. Maintain impartiality, and client self- determination and refrain from advising on a particular outcome
  4. Assist parties to communicate on issues that impact on children and to consider the best interests of the child
Assist participants to develop agendas for the process that consider the broader range of issues

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Frame and provide information in ways that assist the participants to view situations more broadly

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Maintain impartiality, and client self- determination and refrain from advising on a particular outcome

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assist parties to communicate on issues that impact on children and to consider the best interests of the child

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Encourage mutual personal understanding between participants

  1. Encourage participants to acknowledge each other’s needs, fears and concerns using communication techniques
  2. Identify and encourage cooperative behaviour and demonstrated and/or expressed intentions to commit to resolving disputes
  3. Monitor and manage any disruptive behaviours and communications
  4. Manage power imbalances in the dispute resolution session
  5. Identify situations where continuation of the process has the potential for harm, and terminate or suspend the process according to organisation procedures
Encourage participants to acknowledge each other’s needs, fears and concerns using communication techniques

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Monitor and manage any disruptive behaviours and communications

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Manage power imbalances in the dispute resolution session

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify situations where continuation of the process has the potential for harm, and terminate or suspend the process according to organisation procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assist participants to generate and evaluate options

  1. Use techniques and strategies that assist participants to generate potential options for dispute resolution
  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
  3. Promote and monitor the best interests of the child in participants’ agreements, including assessment of risk to vulnerable parties
Use techniques and strategies that assist participants to generate potential options for dispute resolution

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Confirm and document outcomes and agreements

  1. Support participants to reach agreement using facilitation skills and confirm participant understanding of agreements reached
  2. Ensure that participants reach agreement freely, voluntarily, without undue influence and on the basis of informed consent
  3. Document outcomes and agreements according to organisation and legislative requirements and limitations of own role
  4. Identify and explain legal obligations of agreements reached
  5. Provide participants with appropriate referral to supports for post dispute resolution
Support participants to reach agreement using facilitation skills and confirm participant understanding of agreements reached

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Ensure that participants reach agreement freely, voluntarily, without undue influence and on the basis of informed consent

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Document outcomes and agreements according to organisation and legislative requirements and limitations of own role

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify and explain legal obligations of agreements reached

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide participants with appropriate referral to supports for post dispute resolution

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

ELEMENT

PERFORMANCE CRITERIA

Elements define the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Determine suitability for dispute resolution

1.1 Obtain and analyse existing client information

1.2 Collaborate with colleagues and professional networks when additional information is needed and to support own understanding of the issues

1.3 Make an assessment of presenting issues with potential participants according to the family dispute resolution framework

1.4 Use the intake process to receive and share information that supports positive outcomes for potential participants

1.3 Identify situations where the dispute is beyond scope of own practice and make referrals accordingly

2. Prepare for dispute resolution

2.1 Analyse and prepare information to support the dispute resolution process

2.2 Explain the facilitated dispute resolution process to participants

2.3 Advise participants of the practitioner’s role, obligations and limitations

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

3. Assist participants to define and clarify the issues

3.1 Engage with participants using interpersonal skills and organisation resources to identify issuesfor consideration

3.2 Screen for significant matters that affect the ability of any party to negotiate freely in the dispute resolution process

3.3 Support participants to articulate concerns, negotiate and develop an agenda

3.4 Identify and select the most appropriate dispute resolution process for the client’s presenting circumstance

3.5 Explain the chosen process for dispute resolution

3.6 Document information and actions according to organisation policy and legal requirements

4. Facilitate communication and information exchange

4.1 Use facilitation skills to encourage active listening between participants

4.2 Manage interactions between participants in ways that ensure fair and respectful engagement

4.3 Ensure each participant has equal opportunity to speak, be heard and present needs, interests and concerns

4.4 Provide sufficient opportunity for participants to access advice and information from other experts

4.5 Identify the need for, and conduct, separate sessions according to client needs

4.6 Share information with others involved in the dispute in a timely way

5. Invite the framing of disputes to increase the range of options

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

5.2 Frame and provide information in ways that assist the participants to view situations more broadly

5.3 Maintain impartiality, and client self- determination and refrain from advising on a particular outcome

5.4 Assist parties to communicate on issues that impact on children and to consider the best interests of the child

6. Encourage mutual personal understanding between participants

6.1 Encourage participants to acknowledge each other’s needs, fears and concerns using communication techniques

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

6.3 Monitor and manage any disruptive behaviours and communications

6.4 Manage power imbalances in the dispute resolution session

6.5 Identify situations where continuation of the process has the potential for harm, and terminate or suspend the process according to organisation procedures

7. Assist participants to generate and evaluate options

7.1 Use techniques and strategies that assist participants to generate potential options for dispute resolution

7.2 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

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

8. Confirm and document outcomes and agreements

8.1 Support participants to reach agreement using facilitation skills and confirm participant understanding of agreements reached

8.2 Ensure that participants reach agreement freely, voluntarily, without undue influence and on the basis of informed consent

8.3 Document outcomes and agreements according to organisation and legislative requirements and limitations of own role

8.4 Identify and explain legal obligations of agreements reached

8.5 Provide participants with appropriate referral to supports for post dispute resolution

Required Skills and Knowledge

ELEMENT

PERFORMANCE CRITERIA

Elements define the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Determine suitability for dispute resolution

1.1 Obtain and analyse existing client information

1.2 Collaborate with colleagues and professional networks when additional information is needed and to support own understanding of the issues

1.3 Make an assessment of presenting issues with potential participants according to the family dispute resolution framework

1.4 Use the intake process to receive and share information that supports positive outcomes for potential participants

1.3 Identify situations where the dispute is beyond scope of own practice and make referrals accordingly

2. Prepare for dispute resolution

2.1 Analyse and prepare information to support the dispute resolution process

2.2 Explain the facilitated dispute resolution process to participants

2.3 Advise participants of the practitioner’s role, obligations and limitations

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

3. Assist participants to define and clarify the issues

3.1 Engage with participants using interpersonal skills and organisation resources to identify issuesfor consideration

3.2 Screen for significant matters that affect the ability of any party to negotiate freely in the dispute resolution process

3.3 Support participants to articulate concerns, negotiate and develop an agenda

3.4 Identify and select the most appropriate dispute resolution process for the client’s presenting circumstance

3.5 Explain the chosen process for dispute resolution

3.6 Document information and actions according to organisation policy and legal requirements

4. Facilitate communication and information exchange

4.1 Use facilitation skills to encourage active listening between participants

4.2 Manage interactions between participants in ways that ensure fair and respectful engagement

4.3 Ensure each participant has equal opportunity to speak, be heard and present needs, interests and concerns

4.4 Provide sufficient opportunity for participants to access advice and information from other experts

4.5 Identify the need for, and conduct, separate sessions according to client needs

4.6 Share information with others involved in the dispute in a timely way

5. Invite the framing of disputes to increase the range of options

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

5.2 Frame and provide information in ways that assist the participants to view situations more broadly

5.3 Maintain impartiality, and client self- determination and refrain from advising on a particular outcome

5.4 Assist parties to communicate on issues that impact on children and to consider the best interests of the child

6. Encourage mutual personal understanding between participants

6.1 Encourage participants to acknowledge each other’s needs, fears and concerns using communication techniques

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

6.3 Monitor and manage any disruptive behaviours and communications

6.4 Manage power imbalances in the dispute resolution session

6.5 Identify situations where continuation of the process has the potential for harm, and terminate or suspend the process according to organisation procedures

7. Assist participants to generate and evaluate options

7.1 Use techniques and strategies that assist participants to generate potential options for dispute resolution

7.2 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

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

8. Confirm and document outcomes and agreements

8.1 Support participants to reach agreement using facilitation skills and confirm participant understanding of agreements reached

8.2 Ensure that participants reach agreement freely, voluntarily, without undue influence and on the basis of informed consent

8.3 Document outcomes and agreements according to organisation and legislative requirements and limitations of own role

8.4 Identify and explain legal obligations of agreements reached

8.5 Provide participants with appropriate referral to supports for post dispute resolution

The candidate must show evidence of the ability to complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the job role. There must be evidence that the candidate has:

performed the activities outlined in the performance criteria of this unit according to legal requirements and ethical standards during a period of 50 hours of dispute resolution work with clients, under the supervision of an accredited Family Dispute Resolution Practitioner (FDRP), in a dispute resolution service

facilitated, either individually or in a co-facilitation capacity, at least 5 different dispute resolution processes that individually or cumulatively include matters relating to:

domestic and family violence

child abuse/child protection

finances, including child support

property

facilitated disputes that involve:

multiple parties

voluntary participants

involuntary participants

managed sessions where all parties are present, and in a shuttle situation

used dispute diagnostic skills, and responded to:

indicators of substance abuse

mental health issues

domestic and family violence

abuse and power imbalances in client situations

cultural dimensions of the conflict

own reactions to the dispute and/or disputants

applied 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

use of age appropriate communication

used interpersonal communication skills, including:

non-judgemental approach

displaying empathy

active listening and questioning

clarifying information and assumptions

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

establishing rapport

showing respect for individual difference

used facilitation strategies and techniques, including:

mirroring strategy

role modelling cooperation and listening

reframing issues

respectful interruptions

encouraging active listening

formulating transition statements for clarification

managing power imbalances and high levels of conflict

applied critical thinking and content management skills including:

obtaining, identifying, analysing, prioritising and evaluating information

assessing issues and options and reasoning logically

reading, comprehending and using relevant documentation

writing clearly and concisely using neutral language

creating, maintaining and organising records

eliciting information from other professionals

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

applied process skills, including:

working with a child focused approach

following the agreed structure of the dispute resolution process.

The candidate must be able to demonstrate essential knowledge required to effectively complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the work role. This includes knowledge of:

legal and ethical considerations (national, state/territory) for the dispute resolution process, and how these are applied in organisations and individual practice:

children in the workplace and child-focused practice, including when agreements are not child-focused

codes of conduct

discrimination

duty of care

human rights

informed consent

mandatory reporting

practitioner/client boundaries

policy frameworks

privacy, confidentiality and disclosure, including limitations

records management

rights and responsibilities of workers, employers and clients

specific legislative frameworks that apply to family dispute resolution, including:

provisions for children and property in the Family Law Act 1975, Child Support (Assessment) Act 1989

Family Law (Family Dispute Resolution Practitioners) Regulation 2008 in terms of family dispute resolution practitioner obligations and role

work role boundaries – responsibilities and limitations, including how to work with lawyers involved in the process

work health and safety

case management principles and processes

contemporary research and approaches to the following:

conflict management

responding to needs of Aboriginal and Torres Strait Islander families and communities

responding to needs of culturally and linguistically diverse families and communities

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

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

main concepts of family, couple and child dynamics in normal developmental and abnormal forms

sources of power imbalances in relationships, how to recognise these and respond appropriately

procedures and instruments to screen for significant matters that affect the ability of any party to negotiate freely in the dispute resolution process plus safety planning requirements, procedures and limitations for clients and staff

different forms of mediation/dispute resolution process, their principles and practices:

facilitative as the current primary model

settlement oriented

therapeutic

evaluative

narrative

interpersonal communication techniques that support the process, including:

non-judgemental approach

displaying empathy

active listening and questioning

clarifying information and assumptions

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

establishing rapport

showing respect for individual difference

how to work with interpreters

facilitation strategies and techniques, and when it is appropriate to use these, including:

mirroring strategy

role modelling 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

how to manage risk issues and how to terminate the process of dispute resolution safely

knowing how and when to use individual sessions

handling of parenting issues within the dispute resolution process, including:

parenting arrangements

child support payments

residency of children

contact with non resident parents

variations and/or review of existing agreements and limitations of the dispute resolution role in assisting with this process

handling of property issues within the dispute resolution process, including:

limitations of dispute resolution

types of information that may be included in a summary agreement about property matters

information considered valid by a court

documentation and reporting requirements and how to write up a mediation agreement, including:

required information

required format

ways of expressing different agreements and issues

use of neutral language

types of risk to parties to be considered in dispute resolution, including other dispute resolution options such as litigation or community based interventions, as well as their strengths and limitations

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

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