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

“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


There are Many Communication Styles to

Choose From


Exerting One’s Authority


The Direct Approach??


Intimidation


Columbo Style


Communication

What are some of the things that

get in the way of goodCommunication generally?


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



• Lack of confidence to use communication tools like:– Summarizing– Paraphrasing– Reframing



• What about when we are conducting interviews?– Do these issues get amplified?...

…yes they do, but why?



• 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


Dealing with the Challenge

What can we do to help ourselves inbecoming better 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


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


Interview Preparation

• Four components of all interviews:– Orientation– Narration– Cross examination– Closure


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


POOR LOCATION


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



• Ensure the location is:– Private– Comfortable– Clean– Properly equipped (audio / video if

required)– No distractions or interruptions such

as telephones


GOOD LOCATION



• Confidentiality• Comfort• Professional


Establishing Rapport with the Interviewee


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


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




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?


The Orientation


What Went Wrong?

What should you do?


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


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


The Orientation


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


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


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


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?


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?!


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


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


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


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?


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


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



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-

[email protected]

Documents

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