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Communicating with y audiences many Judicial training on communication Justice Helen Winkelmann and Janine McIntosh New Zealand Institute of Judicial Studies George Thomson and Katherine Kehoe N ti National l Judicial J di i l Institute I tit t off Canada C d 1 Workshop Topics The importance Th i t off effective ff ti judicial j di i l communications The unique challenges of judicial communications Building support for and designing a skills-based course Selective methods of teaching the good communications elements of g 2 Judicial Resistance Traditional T diti l emphasis h i on content t t Education unnecessary on generic skills most adults think they have Challenge g of experiential p learning g Turning judges into performers; g with the judicial jud a role o interfering 3 http://www.youtube.com/watch?v=odxM_oJLF3A 4 Changing the Focus How to H t ensure the th message is i received? Focus moves from the judge to the recipient Effective Communications o u o s is s the process of ensuring intended g in the minds of others meaning 5 The Elements of Communication Content 2. Voice 3. Non-Verbal Communications 4. Engagement: 1. – listening skills – adapting p g to y your audience(s) ( ) “There is something to learn here-it’s a more complex skill than I thought” 6 Understanding the Challenge 1. Audience(s) 2. Types of communication 3. Different situations 7 Academics Future litigants Counsel for Parties Parties Counsel giving advice in future Victims Politicians / Public Servants Law reform Other judges Public Witnesses Business community Those who wish to know law to regulate their behaviour Court staff 8 Pre-court communication Oral – in court Verbal / non verbal Written Listening / understanding Post court communication 9 Self represented litigants Keeping your cool Talking to juries Underlying needs / wants / drivers Unfamiliar environment Victims Interpreters Unexpected events Cross cultural communication 10 Getting Their Attention An opening A i that th t demonstrates d t t poor performance they can identify with, ith followed f ll db by a demonstration d t ti of better performance 11 Questions: Version One • Wh What d do you observe b about b the h communication in this clip? • What do you think the parties’ experience was? • What do you think could have made it better? 13 Questions: Version Two • Wh What d do you think h k off this h version?? • Would the experience p of the pparties have been better? • Any An other ther comments? c mments? 15 Essential Features of a Communications Course Skills-based, experiential learning A chance h to: t practice ti all ll the th subb elements and perform the full skill i ffamiliar in ili context t t Sufficient length Faculty who can teach the skills 16 1. Voice Speed; S d volume l Tone; empathetic Preserving the voice 17 2. Non-Verbal Non Verbal Communication If words disagree with the tone of voice and nonverbal behaviour, behaviour people tend to believe the tonality and nonverbal behaviour. behaviour (See Handout 1, Albert Mehrabian Communication Studies) 18 Body Language Three elements Th l to face f to face f communication i i • words • tone of voice • non-verbal behaviour 19 Body Language • IIn pairs: i seated d back b k to back b k • One person talks for 1-2 minutes (and subject) • The other p person makes no response p at all • Discuss experience 20 3. Engaged: Listening Skills Posture and eye contact Communication C i ti as a two-way t process Identifying and adjusting your listening preference 21 Active Listening • • • • • • • Body B d language/demeanour l /d Minimum encouragers g Genuine curiosity Paraphrasing Normalising o a s g state statements e ts Summarising Reframing 22 Minimal Encouragers • IIn pairs: seated d face f to face f • One pperson talks and the other listens (swap roles from previous session) • Listener: no n eye e e contact c ntact and no n response at all (verbal or non-verbal) • Discuss experience 23 Paraphrasing • K Key still till tto showing h i empathy th • Reflecting g back the content and underlying feelings of what you have just heard • E.g. “You are upset that your case will not be resolved today” 24 Advantages • • • • • Conveys d C desire i tto understand d t d Prompts p correction,, if necessaryy Facilitates further disclosure C ffacilitate Can ili moving i fforward d Can defuse conflict 25 Paraphrasing Practice “ When Wh I heard h d strange t noises i outside so late, I went around the house and checked to see that all the doors and windows were locked. It was a long time before I could get back to sleep sleep.” 26 Which one is best? A Y A. You were afraid f id that th t someone might i ht try to enter your house. B. You were concerned that someone might try to enter your house. C. Did you think of ringing the police? D Your D. Yo r actions were ere entirel entirely reasonable in the circumstances. 27 However Need N d tto consider id th the line li between effective listening and creating or agreeing with the witness’ story witness 28 Listening Styles Li t i Listening St Styles l Inventory: I t People oriented listeners People-oriented Action-oriented listeners Content-oriented Content oriented listeners Time-oriented listeners Each style can assist and can impede good communications g 29 e.g. People Oriented Listeners Appear caring and concerned Are good at identifying emotional states Give good verbal, non-verbal feedback But agreeing not Can be perceived to be agreeing, listening Too much focus on the emotional context Too expressive in feedback feedback, reasons Time problems 30 4. Engaged: Adapting to your audience(s) Choosing your primary audience The Th potential t ti l b barrier i off iinevitable it bl cultural difference:The Barnga card game (http://www.youtube.com/watch?v=j9KMksUIH2Q) Engaging strangers in an artificial, high-pressure environment 31 Barnga 32 NeedsDifferent Needs Different Capacities Cognitive challenges M t l illness Mental ill Children and adolescents Self-represented litigants Inter-cultural Inter cultural communications 33 Example: Adolescents IImpactt off brain b i development d l t The impact of non-verbal communication; youth describing their court experiences Managing simulated courtroom situations with feedback 34 Building the Skill 5. Content Judgment writing course Language L and d the th intended i t d d message: the judge’s “voice”; avoiding idi obvious b i b barriers i e.g. metaphors; legal terms etc. 35 Integrating the Elements of Effective Communications Realistic chance to practice full skill, with feedback from experts and colleagues Individual feedback to each participant i i 36 Conclusion • A generic i skill kill being b i employed l d iin a very unique environment • Importance to the rule of law • A fundamental part of the judicial education curriculum • It can be taught ta ght but b t only onl through th o gh experiential learning 37