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Navigating Emotional Interviews: How to Handle Distressed or Defensive Witnesses

Navigating Emotional Interviews: How to Handle Distressed or Defensive Witnesses

Emotions can run high during workplace investigations, and witnesses may cry, become defensive, or display strong feelings. These emotions, while natural, can complicate the fact-finding process. As an investigator, your role is to handle these situations with sensitivity and professionalism. Here’s how you can manage emotionally charged interviews effectively:

  1. Managing Distressed Witnesses

The Challenge: Some witnesses may cry or show obvious signs of distress during the interview, making it difficult to proceed comfortably.

Solutions:

  • Pause and Provide Comfort: Pause the interview, offer tissues, and give the witness time to collect themselves.
  • Switch Topics if Necessary: Move to less sensitive topics temporarily before returning to the topic that may have triggered the response.
  • Maintain Neutrality: Be kind and empathetic, but avoid aligning yourself with the witnesses feelings to maintain your neutrality.
  1. Handling Defensive Witnesses

The Challenge: Defensive witnesses may feel attacked or unfairly accused, leading to resistance or outright hostility.

Solutions:

  • Use a Neutral Tone: Speak calmly and neutrally. For example, say, “This interview is only about gathering facts.”
  • Empathize Without Escalating: Similar to handling a distressed witness, acknowledge their feelings without aligning yourself with their position or compromising your impartiality.
  • Explain the Process: Reassure them that the investigation is fair and their responses will be given the same impartiality and respect as all witnesses’ statements.

Conclusion

By remaining calm, patient, and professional, you can navigate emotional interviews while maintaining objectivity. The key is to balance empathy with a focus on gathering facts.

Need help with workplace or campus investigations? Contact A.W. Blan Workplace Legal Services at 916-333-9311 or visit www.workplacelegalservices.com to schedule a consultation.

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