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Evidence Guide: CHCMED003 - Consolidate and conclude 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!

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CHCMED003 - Consolidate and conclude 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:

 

 

 

 

 

 

 

Assess the level of agreement

  1. Assess when agreement has been reached or when it is not possible based on progress of mediation
  2. Support participants in reaching agreement across the final impasses and gaps using negotiation and problem-solving skills
  3. Confirm clarity of participants’ understanding of any agreement and their roles and responsibilities
Assess when agreement has been reached or when it is not possible based on progress of mediation

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Support participants in reaching agreement across the final impasses and gaps using negotiation and problem-solving skills

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Confirm clarity of participants’ understanding of any agreement and their roles and responsibilities

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Provide information and referral

  1. Discuss information on further dispute resolution options if agreement is not reached
  2. Outline the options for legal advice as one way of managing any lack of agreement
  3. Apply case management guidelines with participants according to the specific case
Discuss information on further dispute resolution options if agreement is not reached

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Outline the options for legal advice as one way of managing any lack of agreement

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Apply case management guidelines with participants according to the specific case

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Document and communicate outcome

  1. Accurately record agreements and outstanding issues according to organisation procedures
  2. Agree on process to communicate the outcome of the mediation to third participants
  3. Specify actions to support implementation of the mediation and seek agreement between all participants to the dispute
  4. Ensure mediation outcomes reflect shared responsibility and short/long term and contingency plans
Accurately record agreements and outstanding issues according to organisation procedures

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Agree on process to communicate the outcome of the mediation to third participants

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Specify actions to support implementation of the mediation and seek agreement between all participants to the dispute

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Ensure mediation outcomes reflect shared responsibility and short/long term and contingency plans

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Evaluate mediation

  1. Identify and reflect on areas of strength and challenge in the mediation process
  2. Reflect on and review own role as mediator
  3. Use learning from evaluation to inform future practice
Identify and reflect on areas of strength and challenge in the mediation process

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Reflect on and review own role as mediator

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Use learning from evaluation to inform future practice

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. Assess the level of agreement

1.1 Assess when agreement has been reached or when it is not possible based on progress of mediation

1.2 Support participants in reaching agreement across the final impasses and gaps using negotiation and problem-solving skills

1.3 Confirm clarity of participants’ understanding of any agreement and their roles and responsibilities

2. Provide information and referral

2.1 Discuss information on further dispute resolution options if agreement is not reached

2.2 Outline the options for legal advice as one way of managing any lack of agreement

2.3 Apply case management guidelines with participants according to the specific case

3. Document and communicate outcome

3.1 Accurately record agreements and outstanding issues according to organisation procedures

3.2 Agree on process to communicate the outcome of the mediation to third participants

3.3 Specify actions to support implementation of the mediation and seek agreement between all participants to the dispute

3.4 Ensure mediation outcomes reflect shared responsibility and short/long term and contingency plans

4. Evaluate mediation

4.1 Identify and reflect on areas of strength and challenge in the mediation process

4.2 Reflect on and review own role as mediator

4.3 Use learning from evaluation to inform future practice

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. Assess the level of agreement

1.1 Assess when agreement has been reached or when it is not possible based on progress of mediation

1.2 Support participants in reaching agreement across the final impasses and gaps using negotiation and problem-solving skills

1.3 Confirm clarity of participants’ understanding of any agreement and their roles and responsibilities

2. Provide information and referral

2.1 Discuss information on further dispute resolution options if agreement is not reached

2.2 Outline the options for legal advice as one way of managing any lack of agreement

2.3 Apply case management guidelines with participants according to the specific case

3. Document and communicate outcome

3.1 Accurately record agreements and outstanding issues according to organisation procedures

3.2 Agree on process to communicate the outcome of the mediation to third participants

3.3 Specify actions to support implementation of the mediation and seek agreement between all participants to the dispute

3.4 Ensure mediation outcomes reflect shared responsibility and short/long term and contingency plans

4. Evaluate mediation

4.1 Identify and reflect on areas of strength and challenge in the mediation process

4.2 Reflect on and review own role as mediator

4.3 Use learning from evaluation to inform future practice

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:

consolidated, concluded, documented and evaluated at least 5 mediation processes with clients with varying circumstances and types of dispute

used and adapted the following communication skills to meet the needs of different clients during the consolidation and concluding phases:

paraphrasing

summarising

problem-solving

negotiation and decision-making.

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 concluding the mediation process, and how these are applied in organisations and individual practice:

bias

codes of conduct

conflicts of interest

discrimination

duty of care

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

principles and functions of the final stages of the mediation process, including:

negotiation

reaching and making decisions

relationship between the conclusion stage and other stages of mediation

the consolidation and decision making stage of the mediation process and the techniques used

availability of options for legal advice in relation to common types of dispute

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

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.