p.e.a.c.e. in mediation - mick symons

02/05/2023 © ACCA 1

INTERVIEWING

The use of the PEACE model for Mediators

02/05/2023 © ACCA 2

Purpose of Presentation• Part of the mediation process is

to gather information from the parties–What are their expectations–What relevant information do they have

• What is the best way to gain this information?

02/05/2023 © ACCA 3

Models of questioning• Many models and theories around

questioning/interviewing persons – REID method (USA mainly)

• Accusatory – under challenge in courts in America• Relies on accusation, confrontation, psychological

manipulation and disallowing of denials – PACE Model

• Based on requirements of Police and Criminal Evidence (PACE) Act 1984

– KINESIC Interviewing• Observing the subject • Seeking the “tells” in movement and gestures

– PEACE Model

Preliminary Activity• Prepare a written plan–Work through the desired outcome• What do I want from this interview

–What can I reveal– General outline of the questions I want

to ask

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Basic Rules of Questioning

• Vocabulary– Simple, unambiguous and jargon free– All parties should understand

• Relevance– Each question to have a purpose – not used to fill

time– Interview plan and listening to what is said should

eliminate repetitive questioning• Pace

– Subject should be given time to understand question, consider what they know and then answer it

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Basic Rules of Questioning

• Interruptions – Do not interrupt the flow as this breaks the

subject’s train of thought – May stop flow of relevant information

• Control – If subject strays from point then you need to direct

him/her back to the issues in question

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P.E.A.C.E. Model • Framework for interviews– P Planning & Preparation – E Engage and Explain – A Account, Clarification & Challenge– C Closure – E Evaluation

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P.E.A.C.E. Model

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Background to P.E.A.C.E. Model

• Introduced in England in 1992• Response to judicial and public

concern about standards of police interviews – Not professional – Allegations of “verbal”

• Developed in consultation with police, psychologists and legal fraternity

• Widely adopted as best practice 9

Methods of QuestioningGuide to interview plan

• PEACE MODEL– P Planning and preparation

• Purpose of interview• Objectives of interview• Style of interview (Cognitive or conversation

management • Age of witness• Gender and sexuality (if relevant)• Preferred name/mode of address • Race, culture, ethnicity, religion and first language • Domestic circumstances (safe environment)• Implications of physical or mental disorder

PEACE Model (continued)– Planning and preparation (Cont)

• Implications of any medication on interview process• Current emotional state • Likely impact of recall of events on witness (stress etc)

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PEACE Model (continued)– E Engage and explain• Establish rapport and trust • Explain how interview is to be conducted • Personal introductions of all parties • Explain reason for interview – identify key

issues (briefly) – “Here to find out more about how we can

move forward in relation to ……..” • Outline structure of interview

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PEACE Model (continued) E Engage and explain (Cont)– Address any concerns raised by person– Discuss neutral subjects to settle the subject– Transfer control of information flow to person

• Explain why you need the information• Explain person is to provide all information • Explain that person can tell you information in their

own way and in own time• Ask person to focus on relevant events

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PEACE Model (continued) E Engage and explain (Cont)• Transfer control of information flow to subject

(cont)• Advise person to ask questions if they do not

understand process • Tell person to correct you if you have summarised

information incorrectly• Cover the understanding of the person as to truth

– Juvenile or mental condition– Stress

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Establishing Rapport

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Why introductory phase is important

• Research indicates 5 key steps to successful interview are:– Create good impression from beginning– Treat the subject as an individual– Understand the feelings of the subject

(empathy)– Explain reason for interview – Give outline of procedures and reasons for

them– Describing the format of the interview

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PEACE Model (continued)• A Account

• Let person tell story from start to finish• Cognitive interview method • Conversation management

– Suspect interviews• Suspect agenda – give suspect opportunity to say

what s/he wants to cover• Investigator agenda – inform and question suspect

about matters the investigator deems material • Challenge – confront suspect with anomalies and

deceptions in previous stages

PEACE Model (continued)• C Closing the interview

– Provide a general summary to the subject of what you understand to be their concerns and wishes

– Answer any questions – Explain to subject they should make notes and advise you if

they think of other information– Tell the person it is over – let him/her know if you need

anything else– Provide advice on seeking help &/or contact number – Thank them for assistance

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PEACE Model (continued)• Evaluation

– Evaluate the information received– Do you need anything else from this person– How does this information fit with other material – Has the information provided identified another source

of information such as another person involved or any other material you are aware of

– Follow through as required. – Evaluate your own performance – could I have handled

the interview better, interaction and line of questioning.

Interview Techniques • Cognitive Interviewing • Conversation Management

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Conversation Management

• Based on work by Dr Eric Shepherd

• Uses principles of cognitive interviewing

• More suited to “difficult” witnesses

• Allows more direct “control”• Interviewer can be more

assertive21

Fundamental concepts• Use open question(s) to elicit information • Identify issues to be explored further • Systematically probe each topic in the order

the person provided until s/he unable to provide any further information relative to that topic

• Summarise what subject has said using their words in relation to each topic

• Cover and probe any material crucial to mediation process

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Model of Conversation Management

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Cognitive Interview • “Cognitive Dissonance” – An inconsistency between the different

ideas and beliefs that a person holds, leading to a feeling of discomfort or anxiety.

• Cognitive interviewing designed to explore potential inconsistencies

• Developed by Ronald Fisher and Edward Geiselman (Cognitive Psychologists) 24

Two Key Principles• People remember things

differently – so need to try to use multiple methods to try to trigger memory – Can be physical or mental

• Memories can fade – it depends on the particular event as to whether there is the potential to recall specifics

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Cognitive Interview • Structured method to obtain

information from a cooperative witness or suspect

• Interviewer should– Structure interview to allow witness to

provide longer responses – Use open ended questions to facilitate

the longer response–Minimal interruptions to flow

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Cognitive Interview • Interviewer required to assist

witness to:– Recreate all aspects of event– Focus on the event– Assist in multiple attempts to retrieve

elements of the event• Suited to more visual crimes

where witness has seen event (robbery, murder etc)

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Six underlying principles of cognitive interviewing

• Context reinstatement– Place witness back at scene either

physically or mentally • Extensive and varied retrieval• Concentration• Mental imagery• Control of exchange of

information• Compatible questions for witness

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Types of recall methods• Ask witness

– What were they doing– What was happening at time, before, after– Everything they could see (close eyes and try to remember

incident)– Who they were with – What they could hear – What was said– What they could smell – What the weather was like – How they were “feeling” as a result of the incident

• Draw a sketch to assist

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Structure of Cognitive Interview

• Phase 1– Greet and personalise – establish rapport

• Phase 2– Explain aims of interview• Reveal everything• No fabrication or guessing

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Structure of Cognitive Interview

• Phase 3– Initiate free report • Restate the context• Open ended questions• Allow for pauses • No interruptions• Be conscious of non-verbal behaviour on

both sides

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Structure of Cognitive Interview

• Phase 4– Questioning• Concentrate on questions from initial recall• No fabrication or guessing• OK to say “Don’t Know”• OK to say “Don’t understand”• Activate and probe an image• Open and closed questions

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Structure of Cognitive Interview• Phase 5– Varied and extensive retrieval

• Change the order • Change perspectives• Focus on all senses

– Smell – Taste– Sight– Feel

– Phase 6• Summary

– Phase 7• Closure

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Model of Cognitive Interviewing

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Conduct of interview• Do NOT go straight to the point of interest

– Proceed chronologically – Go through each point until satisfied

• Use backward – reaching questions– You said that you saw the man put the documents in

the car – what did you do then?• Look for openings to explore

– “That is about it” “That is about all I can remember” – Ask the witness what else they can recall. Push the

point if necessary to lock them in • Get as much detail as possible

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Conduct of interview• Do not engage in random

questioning as that disrupts the flow of information

• Make notes of missing or incomplete information.– Come back to this at end

• Look for gaps where the person appears to be “thinking” about answer.

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Avoid “contamination” of interview

• Do not push the witness towards an answer you want

• Look at “environment” where interview to occur– Physical location – Layout of furniture

• Consider “barriers” – Number of persons present – Hierarchy of persons present – Attitude of investigator

• Verbal and non verbal cues • Inflection of voice

– Type of questions used (open v closed) 37

General information re Questions

• Keep them as short as possible• Avoid jargon• Avoid topic hopping (moving from one

topic to another and then back again)• Begin with open ended questions • Then to closed • Avoid forced answer questions

(yes/no)• Avoid multiple questions • Leading questions as a last resort

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Types of questions • Open ended–Minimise risk of interviewers imposing

own beliefs– Encourages subject to talk about

situation • Most effective method of gaining

information

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Open Question• T.E.D.– T - Tell me ……?• Tell me what happened then?

– E – Explain to me ……?• Explain to me why you walked to the

window?– D – Describe to me ……?• Describe to me the colour of the person’s

jacket?

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Types of questions • Closed question– Requires limited response– Yes, No or other brief answer– “What time was this?”– “Where did this occur?”– “Who else was with you?”

• Specific and direct• Not effective in obtaining

general information• Corroborate and secure specific

details. 41

Closed Questions - 5 W & 1 H

• Who did it?• Where did it occur?• When did it occur?• What occurred?• Why did it happen? (Use with

care!)• How did it happen?

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Types of questions• Avoid leading questions– You want the person to tell you what

they experienced NOT what you expected them to see • “Did they put the files into a black brief

case?” instead of• “What did they do with files then?”

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Forced Choice Question• Forced choice or selection

question

• Poses a fixed alternative – subject has to chose between them

• Not to be used to probe events central to the account provided by witness 46

Leading Question• One which implies the answer or

assumes facts which are likely to be in dispute

• Use as a last resort

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Flow of Questions

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Active listening • Look like you are interested– Show a response• Eye contact• Nodding in agreement• Small facial expressions• Occasional repeating of words used

• Encourages better response

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Let it flow• As a general rule “Don’t

interrupt “ witness. – Come back to points to get witness to

clarify – If witness is way off track and

“rambling” then you can direct him/her back to relevant issues.

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That’s all Folks

Contact Details @MickSymons

mick@acca-aust.com.au

www.acca-aust.com.au