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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

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
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

there are many communication styles to choose from
There are Many Communication Styles to Choose From

Presented at the 2006 CLEAR Annual Conference

September 14-16 Alexandria, Virginia

exerting one s authority
Exerting One’s Authority

Presented at the 2006 CLEAR Annual Conference

September 14-16 Alexandria, Virginia

the direct approach
The Direct Approach??

Presented at the 2006 CLEAR Annual Conference

September 14-16 Alexandria, Virginia

intimidation
Intimidation

Presented at the 2006 CLEAR Annual Conference

September 14-16 Alexandria, Virginia

columbo style
Columbo Style

Presented at the 2006 CLEAR Annual Conference

September 14-16 Alexandria, Virginia

communication
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

obstacles to good communication
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

obstacles to good communication1
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

obstacles to good communication2
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

obstacles to good communication3
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

dealing with the challenge
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

becoming good interviewers
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

interview preparation
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

interview preparation1
Interview Preparation
  • Four components of all interviews:
    • Orientation
    • Narration
    • Cross examination
    • Closure

Presented at the 2006 CLEAR Annual Conference

September 14-16 Alexandria, Virginia

interview goals
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

poor location
POOR LOCATION

Presented at the 2006 CLEAR Annual Conference

September 14-16 Alexandria, Virginia

location considerations
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

location considerations1
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

good location
GOOD LOCATION

Presented at the 2006 CLEAR Annual Conference

September 14-16 Alexandria, Virginia

location considerations2
Location Considerations
  • Confidentiality
  • Comfort
  • Professional

Presented at the 2006 CLEAR Annual Conference

September 14-16 Alexandria, Virginia

establishing rapport with the interviewee
Establishing Rapport with the Interviewee

Presented at the 2006 CLEAR Annual Conference

September 14-16 Alexandria, Virginia

why establish rapport
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

establishing rapport
Establishing Rapport

Presented at the 2006 CLEAR Annual Conference

September 14-16 Alexandria, Virginia

establishing rapport1
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

establishing rapport2
Establishing Rapport

Presented at the 2006 CLEAR Annual Conference

September 14-16 Alexandria, Virginia

the orientation
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

the orientation1
The Orientation

Presented at the 2006 CLEAR Annual Conference

September 14-16 Alexandria, Virginia

what went wrong
What Went Wrong?

What should you do?

Presented at the 2006 CLEAR Annual Conference

September 14-16 Alexandria, Virginia

orientation
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

orientation1
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

the orientation2
The Orientation

Presented at the 2006 CLEAR Annual Conference

September 14-16 Alexandria, Virginia

interviewing techniques
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

interviewing techniques1
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

interview questions
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

interview questions1
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

interview questions2
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

interviewing techniques2
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

interviewing techniques3
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

interviewing do s
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

interviewing don ts
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

closing the interview
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

language obstacles
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

slide45
Presented at the 2006 CLEAR Annual Conference

September 14-16 Alexandria, Virginia

credits
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

speaker contact information
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