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“Be Prepared to Communicate Part I” Dean Benard, RN, LL.M (ADR) Benard + Associates 2006 Annual ConferenceAlexandria, Virginia Council on Licensure, Enforcement.

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Presentation on theme: "“Be Prepared to Communicate Part I” Dean Benard, RN, LL.M (ADR) Benard + Associates 2006 Annual ConferenceAlexandria, Virginia Council on Licensure, Enforcement."— Presentation transcript:

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2 “Be Prepared to Communicate Part I” Dean Benard, RN, LL.M (ADR) Benard + Associates 2006 Annual ConferenceAlexandria, Virginia Council on Licensure, Enforcement and Regulation Expect the Unexpected: Are We Clearly Prepared?

3 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Today’s Objectives: Communication styles A few words on general communication Communicating in an interview Preparing for an interview Elements of an interview Interviewing techniques Do’s and Don’ts

4 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia There are Many Communication Styles to Choose From

5 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Exerting One’s Authority

6 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia The Direct Approach??

7 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Intimidation

8 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Columbo Style

9 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Communication What are some of the things that get in the way of good Communication generally?

10 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Obstacles to good communication Being preoccupied Poorly developed active listening skills –Failing to maintain eye contact –Being unaware of our posture or facial expression Not being ourselves

11 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Obstacles to good communication Lack of confidence to use communication tools like: –Summarizing –Paraphrasing –Reframing

12 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Obstacles to good communication What about when we are conducting interviews? –Do these issues get amplified?... …yes they do, but why?

13 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Obstacles to good communication The communication now has a specific goal Anxiety may be higher as we know we may be scrutinized by others The party we are communicating with may challenge us in different ways

14 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Dealing with the Challenge What can we do to help ourselves in becoming better interviewers?

15 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Becoming Good Interviewers Prepare for the interview Be yourself – Arch Lustberg Conquer your fears of some things like: –Silence –The need to be perfect Practice / Experience

16 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Interview Preparation Think about… –Location of interview –Goals of the interview –Review relevant documents in advance and have them ready if you need them –Know the questions that need to be answered –Be aware of any cultural, gender or racial issues that may be present

17 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Interview Preparation Four components of all interviews: –Orientation –Narration –Cross examination –Closure

18 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Interview Goals 1.Ensure the witness understands the process 2.Gain the witness’s willingness to cooperate now and in the future 3.Establish a rapport with the witness 4.Assess their non-verbal communication 5.Obtain a complete and truthful statement –Relevant information only – “5 w’s” in context –Determine if witness possesses or is aware of documents or other materials relevant to the case –Determine follow-up questions for this witness or other witnesses

19 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia POOR LOCATION

20 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Location Considerations Avoid interviewing in any place where you cannot control the environment –Avoid people’s homes –Avoid restaurants or coffee shops –If it can be done over the phone that’s okay Complainants usually prefer a neutral location

21 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Location Considerations Ensure the location is: –Private –Comfortable –Clean –Properly equipped (audio / video if required) –No distractions or interruptions such as telephones

22 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia GOOD LOCATION

23 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Location Considerations Confidentiality Comfort Professional

24 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Establishing Rapport with the Interviewee

25 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Why Establish Rapport? Likeability Factor – Arch Lustberg –People will give more to someone they like Helps to determine the baseline –Reactions and general behavior may be compared to more stressful periods during the interview

26 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Establishing Rapport

27 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Establishing Rapport Try to put the witness at ease and help him/her relax Be friendly polite and not too “stiff” Talk initially about innocuous topics such as weather, traffic, etc. Explain your role and the purpose of the interview Offer the witness an opportunity to ask you some questions

28 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Establishing Rapport

29 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia The Orientation Often we are required to provide a preamble to interviewees concerning their obligations etc. This part of the orientation phase Now that everyone is relaxed how do we approach this?

30 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia The Orientation

31 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia What Went Wrong? What should you do?

32 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Orientation Explain your role Acknowledge that it isn’t easy Offer assurances – you will make it as easy as possible Explain what will happen – what you will do

33 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Orientation Advise the witness that there may be difficult questions If using audio / videotape explain why Reassure the witness that he/she may not remember everything and that’s okay Advise the witness that he/she can ask questions and take breaks if needed

34 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia The Orientation

35 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Interviewing Techniques Human memory often requires assistance to retrieve details and facts –Provide some general information about the events –Use documents that might assist in recollection Allow the witness to tell her/his story in full then seek clarification or ask follow-up questions –This can be a challenge with some witnesses who require more prompting or assistance in staying on point

36 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Interviewing Techniques Be careful not to make notes too early in the interview If support person present –Explain ground rules – No commentary –Support person sits behind the witness

37 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Interview Questions Know what you are looking for in advance of the interview Ensure your own understanding of the facts in issue before you commence your interview Write down important questions in advance Write down questions or the need for clarifying comments when they come to mind as the witness provides the statement

38 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Interview Questions Example: A person is alleged to have struck another person in the head What questions will you ask? –What was the vantage point of the witness (angles, obstructions, distance)? –Where in the head was he/she struck? –How many times was he/she struck? –Struck with what? - weapon, fist, open hand, back hand, foot… –Did the person who struck the other draw back before hitting? –What was said by either party before, during or after the event? –What was the context of the interaction? –What did you do as the event unfolded?

39 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Interview Questions Don’t be afraid to ask the difficult questions! –Ensure there is no doubt about what happened (e.g. sexual abuse allegation) Slept together (what does this mean?) Does intercourse mean that the penis was in the vagina or the anus or the mouth Sexual relations could be anything depending on who you ask…Remember Bill Clinton?!

40 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Interviewing Techniques Not all witnesses will be forthcoming with information Answering questions with questions –Repeat the question as you originally asked it Phrases like “that’s basically it” or “I guess that’s all I can remember” –Consider this an admission that he/she has more to tell – keep probing Hypothetically structured phrases like “I would normally do this” is a signal of possible avoidance of providing a direct answer. –Remind him/her that you want to know what they did, not what they normally do

41 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Interviewing Techniques Not all witnesses will be forthcoming with Information Indignation about a question may signal deception e.g. “what kind of question is that”, “I wouldn't dignify that question with an answer” –Stay calm and repeat the question with an explanation why it must be asked Answers like “it’s hard to say” or “that’s a hard one to answer” indicates possible credibility issues later –Make note of this and keep probing. Consider asking why the question is so hard to answer

42 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Interviewing Do’s Treat witnesses with respect Be an active listener –Restate and rephrase, keep the interview on track with appropriate redirection, and summarizing –Listening is not just waiting for your turn to speak Assist the witness with reference points –e.g. how was the light in the room compared to this room Use silence effectively –Don’t feel the need to fill the silence. Silence is a passive way to put pressure on a person to speak

43 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Interviewing Don’ts Don’t rush the witness Don’t be judgmental or display emotion Don’t lead the witness to answers or even suggest possible answers Don’t make promises, coerce or unduly influence the witness Don’t omit questions during an interview because you think you already have the answer Don’t ask questions that suggest an answer – e.g. did the gas leak smell like rotten eggs?

44 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Closing the Interview Close with thanking the witness and praising his/her effort Provide your contact information Provide the next steps and if possible a timeline for next steps Leave the door open for further interviewing Give the witness an opportunity to ask any further questions and ask her/him if you have covered everything and if there is anything else she/he wishes to say

45 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia Language Obstacles Use a qualified interpreter if English is not spoken Do NOT rely on family or friends or a coworker who speaks the same language Every word must be translated during interview and in the transcript of the interview

46 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia

47 Presented at the 2006 CLEAR Annual Conference September Alexandria, Virginia CREDITS The College of Nurses of Ontario Andrea Burck – Interviewee Shelley Ledger – Bad Interviewer Luke LaRocque- Good Interviewer Lynda Tyson - Lady wanting Salt Sophia Stefou - Waitress

48 Speaker Contact Information Dean Benard Benard + Associates 10 Duke Street Suite 300, Waterloo, Ontario, Canada Address Phone , Fax


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