Modification History
Release |
TP Version |
Comments |
3 |
PSP12V1 |
Elements and performance criteria pre-content edited. |
2 |
PSP04V4.2 |
Layout adjusted. No changes to content. |
1 |
PSP04V4.1 |
Primary release. |
Unit Descriptor
This unit covers the competencies required to administer alternative dispute-resolution (ADR) proceedings, including mandatory and voluntary proceedings within the court, or referral to other services.
In the workplace, staff must be able to implement relevant procedures, protocols and policy relating to ADR proceedings. They must also be able to provide constructive and effective assistance, information and referral to the parties undertaking the process.
No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Application of the Unit
This unit applies to court staff involved in the administration of ADR proceedings, who need to follow procedures and practices to facilitate appropriate outcomes for those involved.
Licensing/Regulatory Information
Not applicable.
Pre-Requisites
Not applicable.
Employability Skills Information
This unit contains employability skills.
Elements and Performance Criteria Pre-Content
Elements describe the essential outcomes of a unit of competency. |
Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range statement. Assessment of performance is to be consistent with the evidence guide. |
Elements and Performance Criteria
ELEMENT |
PERFORMANCE CRITERIA |
1. Arrange compliance with mandatory ADR procedures. |
1.1. Explain benefits of ADR procedures and answer client's questions according to organisational policy and procedures. 1.2. Explain procedural requirements using communication appropriate to client needs. 1.3. Identify and address potential difficulties in arranging delivery of services or refer them for action. 1.4. Gain agreement to arrangements using negotiation and conflict-resolution skills. 1.5. Complete documentation according to organisational policy and procedures. |
2. Refer parties to ADR procedures and services. |
2.1. Assess eligibility for access to ADR services. 2.2. Identify legislative and other constraints and take into account when advising on appropriate dispute-resolution process. 2.3. Analyse the issues and the parties' willingness and capability to assess the most suitable resolution process. 2.4. Explain procedural requirements using communication appropriate to client needs. 2.5. Explain impact of ADR proceedings on case management. |
3. Support ADR processes. |
3.1. Outline and implement processes to ensure respect for client's safety and needs. 3.2. Explain client responsibility and contribution to outcomes. 3.3. Assist client to prepare for problem solving and negotiation. 3.4. Confirm client's understanding of the process. 3.5. Explain privacy and confidentiality requirements of proceedings. |
Required Skills and Knowledge
This section describes the skills and knowledge required for this unit. |
Required skills |
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Required knowledge |
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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. |
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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:
Consistency in performance Competency should be demonstrated by:
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Context of and specific resources for assessment |
Assessment must comply with:
Access may be required to:
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Guidance information for assessment |
The following assessment methods are suggested:
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. |
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. |
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ADR procedures may include: |
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Procedural requirements may include: |
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Potential difficulties may include: |
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Eligibility for access may include: |
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Client responsibility and contribution may include: |
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Privacy and confidentiality requirements may include: |
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Unit Sector(s)
Not applicable.
Competency field
Courts.