BSB52015 Training & Consulting international English language centre

Course Code And Title	BSB52015 – Diploma of Conveyancing (VIC)
Unit/S Code & Title	FNSORG601 – Negotiate to achieve goals and manage disputes
Student Name:
Trainer Name:

Mode Of Submission:	¨ By hand to assessor ¨ By email to assessor ¨ By Auspost to TMG

Instructions for the Student

Please complete your details in the table above, including the date and mode of submission.
You MUSTkeep a copy of all assignments before submitting them for assessment.
This form MUST be attached to all submitted written work with all sections completed. An incomplete form may result in a delay in the assessment decision-making process for the assignment.
Please securely attach the completed form to your submitted work after signing the declaration below:

COMPULSORY STUDENT DECLARATION DETAILS:

Plagiarism

Plagiarism is the act of representing as one’s own original work the creative works of another, without appropriate acknowledgment of the author or source.

Collusion

Collusion is the presentation by a student of an assignment as his or her own which is in fact the result in whole or in part of unauthorised collaboration with another person or persons. Collusion involves the cooperation of two or more students in plagiarism or other forms of academic misconduct.

Both collusion and plagiarism can occur in group work. For examples of plagiarism, collusion and academic misconduct in group work please see the TMG’s policy on Academic Honesty and Plagiarism: (TMG website link to the policy)

Plagiarism and collusion constitute cheating. Disciplinary action will be taken against students who engage in plagiarism and collusion as outlined in TMG’s policy.

Proven involvement in plagiarism or collusion may be recorded on students’ academic file and could lead to disciplinary action.

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Assessment Summary : BSB52015 Training & Consulting International English Language Centre TMG College Australia Assignment

This section is to be complete once all assessment tasks have been finalised.

Evidence Recorded		Was sufficient evidence recorded for each task (please circle)
Assessment 1	Written Questions	Yes / No
Assessment 2	Case Studies	Yes / No
Assessment 3	Project	Yes / No
Assessment 4	Letter writing	Yes / No
Assessment 5	Role play	Yes / No
Final Assessment Result for FNSORG601 – Negotiate to achieve goals and manage disputes		Competent /Not Yet Competent

Assessment Task 1 – BSB52015 Training & Consulting International English Language Centre Assignment

Pre Assessment Checklist for Trainer/Assessor to fill:
This checklist is to be completed prior to commencing the assessment. Please discuss this with the Student and circle yes or no for each question.
Is the Student ready for assessment?	Yes / No
Have you explained the assessment process and tasks?	Yes / No
Does the Student understand which evidence is to be collected and how?	Yes / No
Have the Student’s rights and the appeal system been fully explained?	Yes / No
Have you discussed any special needs or reasonable adjustments to be considered during the assessment?	Yes / No
Does the Student have access to all required resources?	Yes / No

Description of assessment task to be completed:

This is first of five (5) assessment tasks you need to successfully complete to be deemed competent in this unit.
In this assessment you must answer 15 (fifteen) questions on negotiation to manage disputes in conveyancing.
This assessment is completed as part of the simulated work environment within two weeks from being given the assessment or on the date specified by your assessor.
The Assessor can, at his or her discretion, establish an alternative timeframe if this is more appropriate.
You may write your responses in the space provided or use separate sheets if required.
You must answer all questions to the required level, e.g. provide the number of points, to be deemed satisfactory in this task
You must respond to all questions and submit them to your Assessor. Conditions of assessment:
You will need to complete this task independently.
No marks or grades are allocated for this assessment task. The outcome of the task will be Satisfactory or Not Satisfactory.
You are entitled to two assessment attempts for each assessment task within a unit.
You must speak to your Assessor if you have any difficulty in completing this task and require reasonable adjustments (e.g. can be given as an oral assessment, how they must submit the assessment e.g. upload to Moodle).

Written Questions:

Q. 1 Briefly describe the conciliatory and confrontational approaches to negotiation. Explain two (2) differences between a confrontational approach and a conciliatory approach to dispute resolution.

Q.2 In the conveyancing process what are the goals that are paramount in any approach to dispute resolution?

Q.3 Discuss three (3) factors that conveyancing processes rely on, and their importance.

Q.4 Suggest two (2) external tools that are available for use in a dispute resolution process.

Q.5 Explain briefly Maslow’s hierarchy of needs analysis, and how it can be applied to the dispute resolution process.

Assessment Task 2 – Case Studies

Pre Assessment Checklist for Trainer/Assessor to fill:
This checklist is to be completed prior to commencing the assessment. Please discuss this with the Student and circle yes or no for each question.
Is the Student ready for assessment?	Yes / No
Have you explained the assessment process and tasks?	Yes / No
Does the Student understand which evidence is to be collected and how?	Yes / No
Have the Student’s rights and the appeal system been fully explained?	Yes / No
Have you discussed any special needs or reasonable adjustments to be considered during the assessment?	Yes / No
Does the Student have access to all required resources?	Yes / No

Case Study Task

Read the scenarios given and prepare fact sheets that identify the key issues, risks and desired outcomes for each case, and suitable strategies to achieve outcomes. Use the tables provided.

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Assessment Task 3 – Project

Scenario

You are a conveyancer at Umbrella Conveyancing, and you have to prepare a manual for dealing with complaints from clients and resolving disputes. The purpose of the manual is to set down a policy and procedure to be followed.

Task

Research and prepare a complaints handling and dispute resolution manual that contains:

A list of organisational policies and procedures that must be followed in the dispute resolution process
A brief (50 – 60 words) dispute resolution policy that outlines the organisation’s values
A dispute resolution procedure with reference to all forms/ documentation
A documentation maintenance procedure  All necessary forms in the appendices Performance ChecklistAssessment

Task 4 – Letter Writing

Scenario

You are a conveyancer at Umbrella Conveyancing, and your client, Robert Green, has recently purchased a property at 58 Crown St, Jaysville, Vic 3456, from Mark Brown. The sale price was $450,000.

Mark Brown’s (the vendor’s) conveyancer is Aviva Greenberger, at TMG Pty Ltd, 29 Ellingworth Pde, Box Hill, Vic 3128.

Unfortunately, soon after signing the contract, Robert Green’s life partner is killed in a car crash, and his children are severely injured. As a result, he does not wish to proceed with the purchase as he is no frame of mind to do so.

Further, the cooling off period has elapsed and Mr Green cannot afford to pay any more penalties, other than the cooling off penalty, which is 0.2% of the purchase price.

Task 1

Write to the vendor’s conveyancer, Aviva Greenberger, to advise the vendor of Mr Green’s inability to proceed with the transaction and request that all other penalties, save the cooling off penalty, should be waived. You must calculate the cooling off penalty and mention it in your letter.

Your aim is to negotiate the outcome that you wish for your client, considering all available options.

Prepare the letter as a word processed document and attach it to this assessment pack.

Task 2

The vendor has agreed to waive all penalties except for the cooling off penalty. The vendor’s conveyancer has informed you of this.

Prepare a settlement agreement that has the terms of the agreement on it for signature by all parties.

Please ensure that the settlement agreement notes the precise terms of the settlement and details the history of the matter, the amounts claimed, the amount ultimately settled upon and the date for payment if applicable and that it is in full and final settlement of the matter.

Assessment Task 5 – Role play

Scenario

You are a conveyancer with Umbrella Conveyancing. A dispute arises between you and your client as you sent out an account for $2,220.00 even though you originally quoted them $500.00 plus disbursements and GST, for the transaction. You think that the fee is fair because the matter became more complex than initially envisaged.

You had sent out a cost disclosure statement, which outlines the costs for the transaction and the basis on which the costs were calculated. You had also advised the client that the matter had become more complex and they would be charged differently according to the information in the cost disclosure statement. The client had acknowledged this and agreed.

However, now the client is expressing surprise at the cost and claims they are not fair. The client is not interested in reporting you or your practice to any disciplinary tribunal; she just considers the fees excessive.

The client has complained to your boss. Your boss asks you to follow up with this complaint according to the policy and procedure.

Task 1

In the table below, identify the fact and risks of the case and strategies to achieve desired outcomes.

	Positions of the client and conveyancer
Desired outcomes
Potential issues / problems
Proposed solutions for achieving outcomes
Risks/ Contingency strategies
Expert advice from third parties or other professionals required prior to negotiations

Task 2 – role play 1

Discuss the risks, and your recommendations with your boss, and share your findings from the mapping document.

You will be assessed on your ability to:

Explain the outcomes you expect from this negotiation process and the strategies you will use.
Discuss the best way to communicate with your client for effective negotiation, and explain your reasoning for this.
Gain approval from your supervisor for your key negotiation points and strategies.

Your assessor will play the role of your supervisor.

Task 3 – role play 2

Conduct a negotiation with your client using the strategies and communication methods you have identified in Task 2.

You will be assessed on your ability to:

Identify your client’s desires and needs, and express your own succinctly
Establish the facts of the case clearly
Seek your client’s inputs on a course of action that is mutually beneficial, as well as present your recommendations
Agree on an outcome that is mutually acceptable
Use communication techniques that build trust and rapport with the client

Your assessor will assign a classmate or another trainer/ assessor to play the role of your client.

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