CHCDSP001 — Facilitate dispute resolution in the family law context

Elements & performance criteria

Performance evidence

• performed the activities outlined in the performance criteria of this unit according to legal requirements and ethical standards during a period of 50 hours of dispute resolution work with clients, under the supervision of an accredited Family Dispute Resolution Practitioner (FDRP), in a dispute resolution service
• facilitated, either individually or in a co-facilitation capacity, at least 5 different dispute resolution processes that individually or cumulatively include matters relating to: - domestic and family violence - child abuse/child protection - finances, including child support - property
• facilitated disputes that involve: - multiple parties - voluntary participants - involuntary participants
• managed sessions where all parties are present, and in a shuttle situation
• used dispute diagnostic skills, and responded to: - indicators of substance abuse - mental health issues - domestic and family violence - abuse and power imbalances in client situations - cultural dimensions of the conflict - own reactions to the dispute and/or disputants
• applied relationship skills including: - effective liaison and working relationships with other allied professionals - establishing and maintaining trust and respect - encouraging client self determination - recognising own reactions to the dispute and/or disputants that might impair practitioner ability to conduct a fair process - use of age appropriate communication
• used interpersonal communication skills, including: - non-judgemental approach - displaying empathy - active listening and questioning - clarifying information and assumptions - speaking clearly, simply, effectively at the communication and comprehension level of the participants - establishing rapport - showing respect for individual difference
• used facilitation strategies and techniques, including: - mirroring strategy - role modelling cooperation and listening - reframing issues - respectful interruptions - encouraging active listening - formulating transition statements for clarification - managing power imbalances and high levels of conflict
• applied critical thinking and content management skills including: - obtaining, identifying, analysing, prioritising and evaluating information - assessing issues and options and reasoning logically - reading, comprehending and using relevant documentation - writing clearly and concisely using neutral language - creating, maintaining and organising records - eliciting information from other professionals - using and exchanging information in a manner that broadens rather than limits the participants’ options
• applied process skills, including: - working with a child focused approach - following the agreed structure of the dispute resolution process

Knowledge evidence

• legal and ethical considerations (national, state/territory) for the dispute resolution process, and how these are applied in organisations and individual practice: - children in the workplace and child-focused practice, including when agreements are not child-focused - codes of conduct - discrimination - duty of care - human rights - informed consent - mandatory reporting - practitioner/client boundaries - policy frameworks - privacy, confidentiality and disclosure, including limitations - records management - rights and responsibilities of workers, employers and clients - specific legislative frameworks that apply to family dispute resolution, including: - provisions for children and property in the Family Law Act 1975, Child Support (Assessment) Act 1989 - Family Law (Family Dispute Resolution Practitioners) Regulation 2008 in terms of family dispute resolution practitioner obligations and role - work role boundaries – responsibilities and limitations, including how to work with lawyers involved in the process - work health and safety
• case management principles and processes
• contemporary research and approaches to the following: - conflict management - responding to needs of Aboriginal and Torres Strait Islander families and communities - responding to needs of culturally and linguistically diverse families and communities - impact of conflict, particularly high and/or ongoing conflict, on children, and the use of child focused and child inclusive techniques to address and minimise these impacts
• impacts of separation and divorce on couples, parents, children and other family members
• main concepts of family, couple and child dynamics in normal developmental and abnormal forms
• sources of power imbalances in relationships, how to recognise these and respond appropriately
• procedures and instruments to screen for significant matters that affect the ability of any party to negotiate freely in the dispute resolution process plus safety planning requirements, procedures and limitations for clients and staff
• different forms of mediation/dispute resolution process, their principles and practices: - facilitative as the current primary model - settlement oriented - therapeutic - evaluative - narrative
• interpersonal communication techniques that support the process, including: - non-judgemental approach - displaying empathy - active listening and questioning - clarifying information and assumptions - speaking clearly, simply, effectively at the communication and comprehension level of the participants - establishing rapport - showing respect for individual difference - how to work with interpreters
• facilitation strategies and techniques, and when it is appropriate to use these, including: - mirroring strategy - role modelling cooperation and listening through co-facilitation/mediation - reframing issues - respectful interruptions - encouraging active listening - formulating transition statements for clarification - recognising power imbalances and manage high levels of conflict - how to manage risk issues and how to terminate the process of dispute resolution safely - knowing how and when to use individual sessions
• handling of parenting issues within the dispute resolution process, including: - parenting arrangements - child support payments - residency of children - contact with non resident parents - variations and/or review of existing agreements and limitations of the dispute resolution role in assisting with this process
• handling of property issues within the dispute resolution process, including: - limitations of dispute resolution - types of information that may be included in a summary agreement about property matters - information considered valid by a court
• documentation and reporting requirements and how to write up a mediation agreement, including: - required information - required format - ways of expressing different agreements and issues - use of neutral language
• types of risk to parties to be considered in dispute resolution, including other dispute resolution options such as litigation or community based interventions, as well as their strengths and limitations
• community, educational or other resources for referral or use within the dispute resolution process
• self knowledge, including personal and cultural attitudes toward family conflict and the impact of self on the parties and process

Unit content sourced from training.gov.au — © Commonwealth of Australia, licensed under CC BY 4.0. Auditori is not affiliated with the Department of Employment and Workplace Relations.

Questions about assessing CHCDSP001