Interviewing & Dispute Resolution

Housekeeping

  • Abstract submissions: Approximately 80 students have submitted their abstracts.

  • Extension: Some students utilized the three-day extension.

  • Marking: All marks will be provided by June 30th.

  • Tutorial Answers: Answers to the case study tutorial will be released on June 19th after all abstracts are in.

  • Quiz Information: A revision of modules 1-3 will be conducted to prepare students for the quiz.

  • Quiz Dates: The quiz will be available from June 30 to July 4.

  • Collins Case: The Collins case study will be converted to PDF and uploaded to StudyDesk.

Learning Aims

  • Describe the nature and purpose of an interview.

  • Develop knowledge of the components of an interview.

  • Demonstrate knowledge of different types and styles of interviews.

  • Explain different models for interviews.

  • Describe, explain, and demonstrate the skills and techniques required for interviewing.

  • Develop the ability to identify special factors that can influence an interview outcome.

Understanding Interviewing

  • Nature and Purpose: Interviews clarify data and manage disputes.

  • Types of Interviews: Understanding different types and their contributions to managing disputes.

  • Identifying Parties: Recognizing initially unidentified parties during questioning.

  • Components of an Interview: Understanding the consistent elements of an interview.

  • Moore's Circle of Conflict: Clarifying data through interviews manages disputes.

  • Definition: An interview is a conversation with a purpose.

    • The purpose involves eliciting specific information.

    • This includes information to be used in court (trial) or to provide specific data and factuals.

  • Skill Development: Interviewing is a skill developed over time.

  • Reading the Room: Learning to interpret witnesses and interviewees requires time and skill.

Purpose of Interviewing

  • Disputes and Uncertainty: Interviews address disputes and areas of uncertainty.

  • Clarification: Interviews are a process of clarifying issues.

  • Pre-Negotiation: Interviews assist in the pre-negotiation stage.

  • Nature of Dispute: Determining the nature of the dispute and the optimal management approach.

  • Solicitors: Gaining information to assist an interviewee.

  • Informal Investigative Forensic Interviews: Used for lying charges, litigation, or related uses (e.g., police matters).

  • Technique for Shuttle Negotiations: Facilitating communication between parties through a third party.

  • Data Gathering: Used to obtain data in research.

Interviews Range

  • Formal vs Informal

  • Focused vs Non-Focused

  • Structured vs Unstructured

  • Unstructured Interview: Used for exploratory information gathering; aims to obtain maximum information.

    • Example: "Tell us what happened on the day."

    • Questions include what information the person was told when entering the jobsite, the people who said that the power had been turned off, whether other worker were onsite, have there been workplace, health and safety interview. What information was given by the boss in the morning.

  • Focus or More Structured Interviews: Used in specialized interviews

    • Examples: Police interviews of complainants and the accused, cross-examination/examination in chief such as criminal trials. Barristers lead examination in chief to witnesses.

  • Bar Association of Queensland: volunteer for the bar practice courses.

Identifying Parties to a Dispute

  • The Who, When, and in What Order to Interview

  • Equal Opportunity: Important parties must have an equal opportunity to address the issues.

  • Cross-Cultural Cases: Identify all main parties.

  • Determining Critical Witnesses: Weighing up who are the most credible and important witnesses.

  • Independent Witnesses: Often more valuable due to lack of bias. Witness has left the company bullying claims from the young girl.

  • Key Questions suggested by Moore to assist in deciding the order of interviewing

    • Who will be offended if he or she is not interviewed or not interviewed first?

    • Who is the person most likely to talk about the problem and be seeking help? (Talking to the spouse or family member for a different perspective and what they have noticed.)

  • Solicitor-Client Privilege: Solicitors reiterate this, so communication is free.

  • Conflict of Interest: Be careful not to act for to people charged with the same offence. Remain independent.

Identifying Components of an Interview

  • Pre-Interview: Consider needed information, interviewee's capacity, level of report, and needs.

    • Contact Details: Provide details about the purpose, length, time, and location.

  • First Meeting: Chat about what happened; ask specific questions to determine how to help based on the law; answer queries; explain note-taking.

    • Additional Steps: Explain advice cannot be given until workplace and health safetyfile, work cover file, or police file.

  • Non-verbal Communication: Very important. Make sure the interviewee is able to converse in the matter.

  • Interview Commencement: Interviewer commences with simple clarifying question.

  • Questions & Conveying Information: Less interruption = better providing of conveying information.

  • Interview Ends: Latter interviews entail more closed questions, checking details, and any further option and information.

    • Example, have Department of Workplace Health and Safety interviewed you yet? What doctors have you seen? Have the police charged the other driver? Questions are only asked as a feel from the story from the clients perspective.

  • Interview Closure: Conduct a none abrupt closure. Provide detail about any further interaction you might have or actions to be taken.

    • Develop their interview technique too. For example, if the client has any questions from their partner, there welcome to ring too.

    • 75% or more forget to ask them. It is essential

Interview Models

  • Carl Rogers: looked at things like genuineness of congruence.

    • Looked at things like empathy, understanding what the client is going through, active listening and have that unconditional positive regard.

  • Being Authentic: Looking relax and casual is essential. To be draw into people feeling that they can trust you and empathy.

  • Dannette's communication model of dispute processing and the eight facets of speech.

    • Scene setting: Physical location of the communication with nonverbal cues also with the goals of those sequences at the same time.

    • Talking about focusing on the participants to who is present, and who is communicating. To ask the client permission if they want to pass information on.

    • If the client is being a speaking over each other, is to do that is there any order?

    • You will say to this look, I appreciate what you're saying, but I actually need to hear what his answer is because it's really critical for me assess what his evidence is going to be and what I might do is take your version and then I might get back up from that does that sound okay to you, so you're doing it in a respectful manner that being dismissive.

  • Empathy: understanding the ability to feel for other people

Model for Interviewing

  • Karl Roger's Model

    • Genuineness/congruence

    • Unconditional positive record

    • Empathy

  • Danette's Communication Model of Dispute Processing

    • Scene Setting

      • Physical Location

      • Non-verbal cues

    • Participants

      • Who is present?

      • Who is communicating?

    • Ends: Goals of the outcome

    • Act Sequences

      • Form and content

    • Key

      • Tone

    • Instrumentality

      • Medium/Style

    • Genres

      • Form of communication

    • Norms

      • Using theory/models

Theories Models

  • Action: Looking at communication with specialist to develop with time as their law.
    *Buddy system will often come of complex claim some difficulty questions.

  • Client Centred Mutual style of interaction.

  • Mediation is like a pretake interview and that addresses that with issues prior talking to the lawyers and address.

Interviewing Models

  • Motivational Interviewing

    • Overcoming addictions and changing behaviors

    • Therapeutic setting primarily

  • Cognitive Interviewing

    • Police interviewing - review remembered information

    • Strategic questions for short information primarily, just can say that

    • Used in to the Fisher and Geisellman in nineteen eighty

  • Timeline Interviewing.

    • Draw in chronologies and it might even for that be from building a claim or bullying in the workplace. And it does also important children's important too

  • T Funnels

    *Lawyer/client interviews - Check the facts and can the client to say right to make a claim.

Dispute Management w/ interviews

  • Need details on positions, perception, suitability preparation and needs

Interview Techniques

  • Rapport Building should be shown to be professional

  • Have a professionally respective actitude in the respect

  • Welcome of comfort to meet all positive emotions

  • Social standing and treating the man as even be out of prison or watch house

Negatives and Positives of Interviews

  • Negatives

    • Relevant information is not achieved.

    • Reluctant for further interviews.

    • Complaint made

  • Positives

    • Achieves dispute without further processes.

    • Can work with other processes like mediation to clarify those issues.

Special Considerations

  • Vulnerable Interviewees: Children, psychological/mental disorders, people with a non-English speaking background, or victims of violence/sexual assault.

  • It comes to a bias from which they do have, even if never met, there do have ethics, values. Should be respected.

  • It can be misused. No matter if it’s gotten ethically or properly, they should not be misused.

Ethic

Remember solicitor conduct rules.

  • You should never pressure of Harassment as well.

  • Recording with consult, destroyed, and storage. Seek consult when getting the recorder.

  • Strickland vs high court issues in High Court and ACCC breach.

  • Do not give statements with the press or any media without asking consulting and giving advice on what can be saved and cannot be signed when in the police station

Revision for Quiz

  • Quiz Dates: June 30-July 4.

  • Modules 1-3 only
    The Best way to deal with the emotion is in reflection and conveying.

  1. Know what the mouse that all comes.

Top 10 List Quiz

*What is conflict Mean? - A different view situation that creates costs
*Open Q - Elicit more information
*Expanding that pie- That more opportunity increase with interest to be satisfied
*The common law of England - Gradually developed in the King's Court
*What the mean of the written or the correct for more - All of the above.
*Was just Model and the main - That was the main philosophies
*The aspect communications - Vocal, verbal and visual
*Why important Attributes Dispute Practice is - Trust the party, can have the confident in the process.
*Better Ways emotions in Communication Reflecting of the party conveying and identify Actual emotions to be conveying in the partical emotions.
*Mouse That, refers that - The constrained, and state communication