“be prepared to communicate part i” dean benard, rn, ll.m (adr) benard + associates 2006 annual...
TRANSCRIPT
“Be Prepared to Communicate Part I”
Dean Benard, RN, LL.M (ADR)Benard + Associates
2006 Annual Conference
Alexandria, Virginia
Council on Licensure, Enforcement and Regulation
Expect the Unexpected: Are We Clearly Prepared?
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 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
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia
There are Many Communication Styles to
Choose From
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia
Exerting One’s Authority
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia
The Direct Approach??
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia
Communication
What are some of the things that
get in the way of goodCommunication generally?
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 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
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia
Obstacles to good communication
• Lack of confidence to use communication tools like:– Summarizing– Paraphrasing– Reframing
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia
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 ConferenceSeptember 14-16 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
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia
Dealing with the Challenge
What can we do to help ourselves inbecoming better interviewers?
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 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
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 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
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia
Interview Preparation
• Four components of all interviews:– Orientation– Narration– Cross examination– Closure
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia
Interview Goals
1. Ensure the witness understands the process2. Gain the witness’s willingness to cooperate now
and in the future 3. Establish a rapport with the witness4. Assess their non-verbal communication5. 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 ConferenceSeptember 14-16 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
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia
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 ConferenceSeptember 14-16 Alexandria, Virginia
Location Considerations
• Confidentiality• Comfort• Professional
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia
Establishing Rapport with the Interviewee
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 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
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia
Establishing Rapport
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 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
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia
Establishing Rapport
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia
The Orientation
Often we are required to provide apreamble to interviewees concerningtheir obligations etc. This part of theorientation phase
Now that everyone is relaxed how dowe approach this?
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia
What Went Wrong?
What should you do?
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 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
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 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
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 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
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 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
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 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
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 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?
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 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?!
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 Alexandria, Virginia
Interviewing TechniquesNot 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 ConferenceSeptember 14-16 Alexandria, Virginia
Interviewing TechniquesNot 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 ConferenceSeptember 14-16 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
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 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?
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 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
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 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
Presented at the 2006 CLEAR Annual ConferenceSeptember 14-16 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
Speaker Contact Information
Dean BenardBenard + Associates10 Duke Street Suite 300, Waterloo,Ontario, Canada AddressPhone 1-888-733-2226, Fax 519-880-