Unit of competency details

Descriptor 

This unit describes the knowledge and skills required for mediators to support clients in gathering and presenting information to assist in establishing common ground

Application 

This unit may apply to mediation work in a range of community service contexts

Employability Skills 

This unit contains Employability Skills

Elements define the essential outcomes of a unit of competency.

The Performance Criteria specify the level of performance required to demonstrate achievement of the Element. Terms in italics are elaborated in the Range Statement.

ELEMENT 

PERFORMANCE CRITERIA 

1. Assist parties to provide their information

1.1 Use specialist communication skills  to facilitate provision of information by parties

1.2 Clarify documented factual information 

1.3 Assist parties to consider what is relevant information

2. Deal with gaps in information

2.1 Identify needs and wishes of significant others

2.2 Agree on a process to manage the appropriate involvement of significant others

2.3 Provide information to assist parties seek professional support to gain information required

3. Manage the acknowledgment of presented information

3.1 Test inferences or deductions from information

3.2 Outline relevant rules and principles of evidence within the agency framework

REQUIRED SKILLS AND KNOWLEDGE 

This describes the essential skills and knowledge and their level required for this unit.

Essential knowledge :

The candidate must be able to demonstrate essential knowledge required to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role

These include:

• Understanding of the application of the relevant legislation
• Awareness of the impact of culture on the decisions to gain and present information
• Understanding of the Privacy Act and freedom of information
• Sufficient understanding of other legislation such as property law that may impact on the requirement for information

Essential skills :

It is critical that the candidate demonstrate the ability to:

• Use appropriate interpersonal skills and knowledge of the agency system to guide the mediation process, in particular to:

• summarise presented information accurately to parties
• identify gaps in information
• assist parties in gaining the factual information to commence dispute clarification
• apply the agency systems
• comply with legal and procedural requirements
• apply accurate understanding of own work roles and responsibilities in relation to service delivery

In addition, the candidate must be able to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role

These include the ability to:

• Maintain confidentiality and to deal effectively with breaches of confidentiality especially when client safety is threatened
• Demonstrate application of skills in:

• organisation of information
• questioning and active listening to identify gaps in information provided
• problem solving
• literacy and communication applied to analysis, evaluation and presentation of information including preparing documents and reports related to legal requirements and client needs

• Maintain documentation as required, including effective use of relevant information technology in line with occupational health and safety (OHS) guidelines

EVIDENCE GUIDE 

The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria, Required Skills and Knowledge, the Range Statement and the Assessment Guidelines for this Training Package.

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

• The individual being assessed must provide evidence of specified essential knowledge as well as skills
• Evidence of competency in this unit will need to be assessed over a period of time in order to gather evidence of consistent performance
• This will include contexts applicable to the work environment, such as actual or simulated workplace situations involving a combination of direct, indirect and supplementary forms of evidence
• Evidence will be determined by selection from the Range Statement, justified in terms of work requirements, work roles and responsibilities and occupational specialisations

Access and equity considerations :

• All workers in community services should be aware of access, equity and human rights issues in relation to their own area of work
• All workers should develop their ability to work in a culturally diverse environment
• In recognition of particular issues facing Aboriginal and Torres Strait Islander communities, workers should be aware of cultural, historical and current issues impacting on Aboriginal and Torres Strait Islander people
• Assessors and trainers must take into account relevant access and equity issues, in particular relating to factors impacting on Aboriginal and/or Torres Strait Islander clients and communities

Context of and specific resources for assessment :

• This unit can be assessed independently, however holistic assessment practice with other community services units of competency is encouraged
• Where assessment is conducted within the workplace there are no resource implications above those normally available in the workplace
• Where assessment is conducted in a simulated or non-workplace environment then access to the necessary equipment and research resources should be provided
• Access to simulated exercises, case studies related to mediation service delivery issues is also required if non-workplace assessment paths are utilised

Method of assessment :

• Demonstration of competency within the working environment in preparing for the mediation process
• Where there is not an opportunity to cover all relevant aspects in the work environment, the remainder should be assessed through realistic simulations, projects, previous relevant experience or oral questioning on 'what if?' Scenarios
• Observation of processes and procedures, oral and/or written questions on Essential knowledge and skills and consideration of required attitudes
• Where performance is not directly observed and/or is required to be demonstrated over a period of time and/or in a number of locations, any evidence should be authenticated by colleagues, supervisors, clients or other appropriate persons
• Review of any documentation produced by the candidate related to the preparation for mediation

Related units :

This unit should be assessed after or in conjunction with related unit:

• CHCCOM403A Use targeted communication skills to build relationships

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. Add any 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.

Specialist communication skills refers to :

• Means by which an emotionally safe and empathic environment is created
• Means for communicating with people with disabilities or where English is not the first language
• Methods of communicating with different age, religious, gender and sexual identity groups
• Non-judgemental communication techniques
• Using strategies that empower client to seek and present information
• Cultural, sub-cultural awareness/sensitivity
• Demonstrating empathy
• Using appropriate body language
• Reflecting, summarising and paraphrasing
• Asking appropriately worded and structured questions
• Using conflict management skills if appropriate
• If needed, use of a qualified interpreter
• Recognition of client/worker power differences
• Maintaining confidentiality
• Active listening

Documented factual information could include :

• Case documentation
• Information from professionals
• Information from service providers
• Previous file records
• Evidence that is permissible within the court system