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Evidence Guide: CHCMED002 - Facilitate mediation

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!

From the Wiki University

 

CHCMED002 - Facilitate mediation

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

Elements define the essential outcomes

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Establish communication protocols

  1. Identify the communication needs of all stakeholders based on review of information and preparation processes
  2. Confirm the ground rules for the mediation process with all participants/co-mediators
  3. Comply with statutory and procedural requirements
Identify the communication needs of all stakeholders based on review of information and preparation processes

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Confirm the ground rules for the mediation process with all participants/co-mediators

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Comply with statutory and procedural requirements

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Define the dispute

  1. Involve participants in identifying and defining the dispute based on review of information and preparation processes
  2. Establish common ground between the participants
  3. Describe the dispute using appropriate terms
  4. Define the dispute in terms of interests where appropriate
  5. Order, differentiate and prioritise issues in collaboration with the participants and confirm understanding
Involve participants in identifying and defining the dispute based on review of information and preparation processes

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Establish common ground between the participants

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Describe the dispute using appropriate terms

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Define the dispute in terms of interests where appropriate

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Order, differentiate and prioritise issues in collaboration with the participants and confirm understanding

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Manage communication and interactions

  1. Model ethical practice, maintain impartiality and sustain fairness for all participants involved in the process
  2. Select and use communication techniques suited to participants to facilitate positive interactions and progress towards agreement
  3. Provide sufficient time for each party’s interests and views to be identified and explored and acknowledge participants’ feelings, concerns and views
  4. Encourage participants to describe their understanding of others’ statements about feelings, needs and ideas
  5. Use conflict resolution techniques to identify and respond to potential and actual conflicts
  6. Regularly check participants’ understanding of the proceedings and adapt processes according to specific needs
Model ethical practice, maintain impartiality and sustain fairness for all participants involved in the process

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Select and use communication techniques suited to participants to facilitate positive interactions and progress towards agreement

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide sufficient time for each party’s interests and views to be identified and explored and acknowledge participants’ feelings, concerns and views

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Encourage participants to describe their understanding of others’ statements about feelings, needs and ideas

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Use conflict resolution techniques to identify and respond to potential and actual conflicts

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Regularly check participants’ understanding of the proceedings and adapt processes according to specific needs

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Support problem-solving and negotiation

  1. Assist participants to prepare for problem-solving and negotiation
  2. Manage co-mediation appropriately with all participants to the dispute
  3. Support participants to identify options for decision-making
  4. Acknowledge creative and inventive problem-solving strategies
  5. Provide participants with opportunity to reflect on any agreement or seek other advice when appropriate
  6. Assist participants to identify agreements and decisions made, and future action required
  7. Recognise when mediation is not being effective and take action according to organisation protocols
Assist participants to prepare for problem-solving and negotiation

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Manage co-mediation appropriately with all participants to the dispute

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Support participants to identify options for decision-making

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Acknowledge creative and inventive problem-solving strategies

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide participants with opportunity to reflect on any agreement or seek other advice when appropriate

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assist participants to identify agreements and decisions made, and future action required

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Recognise when mediation is not being effective and take action according to organisation protocols

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. Establish communication protocols

1.1 Identify the communication needs of all stakeholders based on review of information and preparation processes

1.2 Confirm the ground rules for the mediation process with all participants/co-mediators

1.3 Comply with statutory and procedural requirements

2. Define the dispute

2.1 Involve participants in identifying and defining the dispute based on review of information and preparation processes

2.2 Establish common ground between the participants

2.3 Describe the dispute using appropriate terms

2.4 Define the dispute in terms of interests where appropriate

2.5 Order, differentiate and prioritise issues in collaboration with the participants and confirm understanding

3. Manage communication and interactions

3.1 Model ethical practice, maintain impartiality and sustain fairness for all participants involved in the process

3.2 Select and use communication techniques suited to participants to facilitate positive interactions and progress towards agreement

3.3 Provide sufficient time for each party’s interests and views to be identified and explored and acknowledge participants’ feelings, concerns and views

3.4 Encourage participants to describe their understanding of others’ statements about feelings, needs and ideas

3.5 Use conflict resolution techniques to identify and respond to potential and actual conflicts

3.6 Regularly check participants’ understanding of the proceedings and adapt processes according to specific needs

4. Support problem-solving and negotiation

4.1 Assist participants to prepare for problem-solving and negotiation

4.2 Manage co-mediation appropriately with all participants to the dispute

4.3 Support participants to identify options for decision-making

4.4 Acknowledge creative and inventive problem-solving strategies

4.5 Provide participants with opportunity to reflect on any agreement or seek other advice when appropriate

4.6 Assist participants to identify agreements and decisions made, and future action required

4.7 Recognise when mediation is not being effective and take action according to organisation protocols

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. Establish communication protocols

1.1 Identify the communication needs of all stakeholders based on review of information and preparation processes

1.2 Confirm the ground rules for the mediation process with all participants/co-mediators

1.3 Comply with statutory and procedural requirements

2. Define the dispute

2.1 Involve participants in identifying and defining the dispute based on review of information and preparation processes

2.2 Establish common ground between the participants

2.3 Describe the dispute using appropriate terms

2.4 Define the dispute in terms of interests where appropriate

2.5 Order, differentiate and prioritise issues in collaboration with the participants and confirm understanding

3. Manage communication and interactions

3.1 Model ethical practice, maintain impartiality and sustain fairness for all participants involved in the process

3.2 Select and use communication techniques suited to participants to facilitate positive interactions and progress towards agreement

3.3 Provide sufficient time for each party’s interests and views to be identified and explored and acknowledge participants’ feelings, concerns and views

3.4 Encourage participants to describe their understanding of others’ statements about feelings, needs and ideas

3.5 Use conflict resolution techniques to identify and respond to potential and actual conflicts

3.6 Regularly check participants’ understanding of the proceedings and adapt processes according to specific needs

4. Support problem-solving and negotiation

4.1 Assist participants to prepare for problem-solving and negotiation

4.2 Manage co-mediation appropriately with all participants to the dispute

4.3 Support participants to identify options for decision-making

4.4 Acknowledge creative and inventive problem-solving strategies

4.5 Provide participants with opportunity to reflect on any agreement or seek other advice when appropriate

4.6 Assist participants to identify agreements and decisions made, and future action required

4.7 Recognise when mediation is not being effective and take action according to organisation protocols

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:

facilitated at least 5 different mediations with clients with varying circumstances and types of dispute, with at least 1 co-mediation

used and adapted the following communication techniques to meet the needs of different clients during the mediation process:

active listening

open ended questioning

direct questioning

appropriate body language

paraphrasing

reflecting

reframing

summarising

negotiation

problem-solving

conflict resolution

rapport-building

minimally obtrusive verbal and non-verbal behaviours to manage interruptions.

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 for mediation, and how these are applied in organisations and individual practice:

bias

codes of conduct

conflicts of interest

discrimination

duty of care

human rights

privacy, confidentiality and disclosure

records management

rights and responsibilities of workers, employers and clients

specific legislation that affects mediation, including:

freedom of information

types of court orders or other legal parameters that may impact

work role boundaries – responsibilities and limitations of the mediator and the roles and functions of support persons, lawyers and other professionals

work health and safety

types of dispute that present for mediation in the relevant work context

principles and functions of the facilitation stage of mediation, including:

identification, clarification and exploration of interests, issues and underlying needs

consideration of alternatives

generation and evaluation of options

problem-solving and negotiation

relationship between the facilitation stage and other stages of mediation

the nature of conflict, including the dynamics of power and violence

communication patterns in conflict and negotiation

negotiation dynamics in mediation, including manipulative and intimidating tactics

mediation processes and methods, including:

overall management and conduct of a dispute resolution process

stages of a mediation process, and how they can be used most effectively

recognition of when process is not being effective

how to ensure fairness within procedure

criteria for exercising discretion on procedural matters

techniques for enabling participants to consider all relevant information and work towards their own decisions

limitations of mediation

role and use of private sessions

how to manage the appropriate involvement of others in the mediation

the facilitation stage of the mediation process and the techniques used to maximise positive interactions

diverse perspectives for mediation and how these may interact with, and impact on the mediation, including:

attitudes of members within a family

variations on the agreed norms and range of behaviours

culture in relation to problem-solving and dispute resolution

culture in relation to negotiation, concessions and compromise

variations in relation to written, spoken and non-verbal communication

attitudes towards physical space, venue and time

attitudes towards the role of outsiders in dispute resolution

attitudes in relation to the role of law, the courts, lawyers and professional advisers

own strengths and limitations in handling the mediation process, and the boundaries of one’s role

own interpersonal communication style and the effect it has on others

own personal responses to conflict and high emotion and potential impact on mediation process

communication techniques, including:

active listening

open ended questioning

direct questioning

appropriate body language

paraphrasing

reflecting

reframing

summarising

negotiation

problem-solving

conflict resolution

rapport-building

minimally obtrusive verbal and non-verbal behaviours to manage interruptions.