workshop g: tim kingsbury, conflict management plus

Aiming for Excellence in Mediation, Investigation and Dispute Resolution at Work

Advanced Practitioner Session: G

Tim Kingsbury, Conflict Management Plus Ltd

The Fallible Investigation - Keeping the investigator “out” of interviews, analysis and reports

Conflict Management Plus Ltd: Advanced Practitioner Session


Self - knowing people affects overall judgment own values imposing on procedure losing neutrality may find subjects / people difficult losing any sense of structure or progress Others – power imbalances, fear of institutional

response, consequences compensation culture unwillingness to take responsibility Situation - difficult to collect 'evidence‘ sensitive and controversial issues

Potential Pitfalls



rigorous fair structured sensitive transparent consistent with people's rights neutral timely working to appropriate ground rules

Effective Investigation is:



WHAT AFFECTS OUR JUDGEMENT?

Emotions Experience Perception and

assumptions Received

messages Rapport Values



BUILDING RAPPORTSET-UP STAGE

Information up front Check for any special

requirements/adjustments

Create the right physical environment

Welcomes Role introductions Ground rules Map process Rapport-build opening

THROUGHOUT

Put people at ease Build understanding Communicate effectively Being non-judgemental

about others’ beliefs, values, needs

Maintaining integrity and impartiality

Recognising and understanding difference

Managing difficult moments fairly and calmly



NEUTRALITY AND IMPARTIALITYNEUTRALITY Not making snap

judgements Avoiding

assumptions Managing your

own feelings Putting your own

values to one side

IMPARTIALITY Not being biased

against or for Acting fairly Being consistent Listening equally to all Not blaming or

colluding Sticking to ground

rules and applying them evenly



checking, clarifying and confirming what you have heard

summarising accurately and appropriately – the 4 Fs – Full, Fair, Feelings, Facts

building a detailed picture of issues and concerns

not interpreting, distorting or responding

REFLECTION



EMPATHY

open, non-judgemental non-verbal attention

appropriate questioning accurate reflection of information acknowledgement of what is

important for the parties reflecting back feelings as they are for

that person



STRUCTURED QUESTIONING

Open questions – encourage a ‘narrative’ reply

Examples - door openers, prompts, exploring questions

Closed questions - encourage a more focused response

Examples - specifying/focusing, linking, challenging, closing

The Funnel technique - encourages full disclosure, prompts maximum recall and captures what is important for people



THE FUNNEL TECHNIQUE

THE LISTENERopen questions"tell me how it started"open prompts"tell me more about..."focusing questions - "where, when, how, could you clarify..."linking questions - "when you say ...... what did you mean?"challenging questions - checking relevance, prioritising, sorting, seeking interestsclosing questions - verifying/closing

THE SPEAKERThe story - facts, feelings, background narrative The details - examples, 'evidence', elaboration The meaning - issues, interests, what is important for them



NEUTRAL QUESTIONS

Think about what you need to know Plan your questions Structure questioning Use non-blaming questions Remember - 'the best questions are

ones that you can ask anyone'



RAPPORT UNDER PRESSURE

THE THREE As

Acknowledge ... people's feelings Accept ... their right to feel the way

they do… Before moving into Action



THE REPORT

Background including the terms of reference, investigation plan, details of policy used and methodology

Summary of the complaint/allegation Summary of the response to the

complaint/allegation Assessment and recommendations Summary of evidence Appendices

(see resource pack for further details)



Range of Possible Findings – commissioning officer’s responsibility

Upheld (Evidence to support /validated/ substantiated)

Not upheld Partially upheld Insufficient evidence Complaint made

maliciously/vexatious


Advanced Practitioner Session: G

Tim Kingsbury, Conflict Management Plus Ltd

The Fallible Investigation - Keeping the investigator “out” of interviews, analysis and reports

workshop g: tim kingsbury, conflict management plus

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