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“Be Prepared to Communicate Part I”

Expect the Unexpected: Are We Clearly Prepared?. “Be Prepared to Communicate Part I”. Dean Benard, RN, LL.M (ADR) Benard + Associates. Council on Licensure, Enforcement and Regulation. 2006 Annual Conference. Alexandria, Virginia. Today’s Objectives:. Communication styles

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“Be Prepared to Communicate Part I”

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

  2. 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 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  3. There are Many Communication Styles to Choose From Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  4. Exerting One’s Authority Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  5. The Direct Approach?? Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  6. Intimidation Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  7. Columbo Style Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  8. Communication What are some of the things that get in the way of good Communication generally? Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  9. 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 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  10. Obstacles to good communication • Lack of confidence to use communication tools like: • Summarizing • Paraphrasing • Reframing Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  11. Obstacles to good communication • What about when we are conducting interviews? • Do these issues get amplified?... …yes they do, but why? Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  12. 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 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  13. Dealing with the Challenge What can we do to help ourselves in becoming better interviewers? Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  14. 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 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  15. 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 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  16. Interview Preparation • Four components of all interviews: • Orientation • Narration • Cross examination • Closure Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  17. Interview Goals • Ensure the witness understands the process • Gain the witness’s willingness to cooperate now and in the future • Establish a rapport with the witness • Assess their non-verbal communication • 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 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  18. POOR LOCATION Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  19. 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 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  20. Location Considerations • Ensure the location is: • Private • Comfortable • Clean • Properly equipped (audio / video if required) • No distractions or interruptions such as telephones Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  21. GOOD LOCATION Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  22. Location Considerations • Confidentiality • Comfort • Professional Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  23. Establishing Rapport with the Interviewee Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  24. 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 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  25. Establishing Rapport Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  26. 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 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  27. Establishing Rapport Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  28. 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? Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  29. The Orientation Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  30. What Went Wrong? What should you do? Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  31. 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 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  32. 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 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  33. The Orientation Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  34. 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 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  35. 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 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  36. 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 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  37. 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? Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  38. 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?! Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  39. 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 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  40. 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 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  41. 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 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  42. 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? Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  43. 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 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  44. 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 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  45. Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  46. 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 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

  47. Speaker Contact Information Dean Benard Benard + Associates 10 Duke Street Suite 300, Waterloo, Ontario, Canada Address Phone 1-888-733-2226, Fax 519-880-0722 dbenard@benardandassociates.com www.benardandassociates.com

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