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Evidence Guide: PSPCRT415A - Administer alternative dispute-resolution proceedings

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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PSPCRT415A - Administer alternative dispute-resolution proceedings

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

Arrange compliance with mandatory ADR procedures.

  1. Explain benefits of ADR procedures and answer client's questions according to organisational policy and procedures.
  2. Explain procedural requirements using communication appropriate to client needs.
  3. Identify and address potential difficulties in arranging delivery of services or refer them for action.
  4. Gain agreement to arrangements using negotiation and conflict-resolution skills.
  5. Complete documentation according to organisational policy and procedures.
Explain benefits of ADR procedures and answer client's questions according to organisational policy and procedures.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Explain procedural requirements using communication appropriate to client needs.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify and address potential difficulties in arranging delivery of services or refer them for action.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Gain agreement to arrangements using negotiation and conflict-resolution skills.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Complete documentation according to organisational policy and procedures.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Refer parties to ADR procedures and services.

  1. Assess eligibility for access to ADR services.
  2. Identify legislative and other constraints and take into account when advising on appropriate dispute-resolution process.
  3. Analyse the issues and the parties' willingness and capability to assess the most suitable resolution process.
  4. Explain procedural requirements using communication appropriate to client needs.
  5. Explain impact of ADR proceedings on case management.
Assess eligibility for access to ADR services.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify legislative and other constraints and take into account when advising on appropriate dispute-resolution process.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Analyse the issues and the parties' willingness and capability to assess the most suitable resolution process.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Explain procedural requirements using communication appropriate to client needs.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Explain impact of ADR proceedings on case management.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Support ADR processes.

  1. Outline and implement processes to ensure respect for client's safety and needs.
  2. Explain client responsibility and contribution to outcomes.
  3. Assist client to prepare for problem solving and negotiation.
  4. Confirm client's understanding of the process.
  5. Explain privacy and confidentiality requirements of proceedings.
Outline and implement processes to ensure respect for client's safety and needs.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Explain client responsibility and contribution to outcomes.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assist client to prepare for problem solving and negotiation.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Confirm client's understanding of the process.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Explain privacy and confidentiality requirements of proceedings.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

Competency must be demonstrated in administering alternative dispute-resolution (ADR) proceedings, including mandatory and voluntary proceedings within the court, or referral to other services.

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

Assessment must confirm the ability to:

explain options for ADR procedures

gain client approval to proceed to select and arrange ADR procedures

understand conditions and eligibility for ADR procedures

identify suitable procedures to match client needs

support client in preparation for ADR procedures

comply with information sharing and privacy protocols

Consistency in performance

Competency should be demonstrated by:

explaining a range of ADR procedures to diverse clients

referring clients in a range of settings to appropriate services

supporting diverse clients in preparing for a range of ADR procedures

Context of and specific resources for assessment

Assessment must comply with:

applicable regulations and codes

workplace procedures and protocols.

Access may be required to:

a workplace environment or one that closely resembles normal work practices and replicates the range of conditions likely to be encountered when:

administering mandatory ADR proceedings

referring parties to ADR services

relevant legislation, procedures, policy and codes of practice for mandatory ADR proceedings

relevant legislation, procedures, policy, codes of practice and information for voluntary ADR services

scenarios and/or case studies to capture the range of situations and issues likely to be encountered

access to relevant communication and reporting systems

Guidance information for assessment

The following assessment methods are suggested:

oral questioning about types and benefits of ADR procedures and eligibility criteria

observation of the candidate administering ADR procedures in a range of contexts to ensure achievement of the unit outcomes

feedback from peers and/or supervisor that the candidate consistently applies relevant workplace procedures

review of records completed by candidate or reports of performance

In all cases, practical assessment should be supported by questions to assess underpinning knowledge and those aspects of competency that are difficult to assess directly. Questioning techniques should suit the language and literacy levels of the candidate.

Required Skills and Knowledge

Required skills

communication and interpersonal skills to:

provide explanations to others

promote understanding of legislation and regulations; and organisational procedures, policy and codes of practice in the context of ADR proceedings

analytical skills to:

identify client needs and assess suitability for relevant services

identify appropriate services and resources for referral

negotiation and conflict resolution skills in relation to ADR processes

facilitation skills in relation to ADR processes

Required knowledge

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

public sector legislation, such as OHS, diversity and equal opportunity in the context of communication

Range Statement

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. 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) may also be included.

ADRprocedures may include:

mediation

registrar conference

counselling

arbitration

conference before an appointed presiding officer

Procedural requirements may include:

attendance of self and others

collection and delivery of information

order of events

role of presiding officer

possible outcomes

documentation

Potential difficulties may include:

language

financial

security

emotional state of parties

travel

Eligibility for access may include:

financial resources

agreement of parties

jurisdiction

nature of dispute

Client responsibility and contribution may include:

active listening

respect for procedures

respect for the presiding official

commitment to reduction of issues

Privacy and confidentiality requirements may include:

legislative

organisational policy and procedures

attendee agreements