For many years, including my own experience in law enforcement, confrontational interviewing/interrogating techniques were preferred methods for obtaining admissions of guilt/responsibility. In the private sector, less intense techniques have been practiced; however, many times the approach was still confrontational or, at the very least, formal and cold.
After 2009 (when controversial interrogation techniques employed to combat terrorism became public) several comprehensive studies were undertaken to evaluate their effectiveness. As a result, these traditional approaches were found to be significantly flawed.
Many of us have known for some time that a kinder and gentler approach in adversarial situations is much more effective. Whether you are an adjuster inquiring about a questionable claim, counsel taking depositions or examining a witness at trial or an HR professional interviewing job applicants, awareness of the following can help secure cooperation and truthful responses. If you currently are employing these techniques, look at this as validation of your own process.
Several of these important findings were published by Christopher Kelly, Ph.D., assistant professor of sociology and criminal justice at the University of Albany (SUNY). His work included reviewing real recordings of interviews and interrogations and examining the words and the behaviors of both the interviewer/interrogator and the witness/suspect. Briefly, Dr. Kelly found;
- Not only does confrontation in most settings increase resistance to cooperation, but even if interspersed with non-confrontational approaches, the negative effect of confrontation lasts for a full 15 minutes thereafter.
- Rapport and relationship building significantly increases cooperation even when someone is trying to hide the truth. Surprisingly, this process can produce almost immediate cooperation and positive results.
Dr. Kelly’s biggest takeaway was the residual length of time where resistance continued after a confrontational approach was employed. Not only was this wasted time where no information gathering progress could take place, but real opportunities were lost to arrive at the truth.
Some of us have learned in a less formal manner that we can win people to our side with gentle persuasion and flattery rather than by hostile confrontation. If you have doubts, check out Dr. Kelly’s findings. Interestingly, he is now working on a study with the Philadelphia Police Department investigating how rapport building and contextual clues can influence memory, cooperation and openness of witnesses to serious crime in that city.
Research North, Inc. (RNI), is a professional private detective service providing support to the business community, the insurance industry and individuals in Michigan and Wisconsin since 1981. The company also offers pre-employment background checks to small and medium sized businesses through a subsidiary called Backgroundcheckswork.com that is fully staffed by professional investigators who are retired from law enforcement.
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