Negotiation Strategies in Law Enforcement

Managing Challenging Behaviours of Family Members and Persons who Cause Harm (PCH)

• This training covers managing challenging behaviours of family members and persons who cause harm (PCH).
• The training is in the context of vulnerable adult protection.
• No part of the document can be used, reproduced or circulated without permission from APS (MSF).

Day 1 Content

• Learning Outcomes: List desired learning outcomes for Day 1
• Ice-breaker: A 15-minute activity where participants write their name on a Post-it and one key takeaway they hope to achieve from the training.
• Statutory Powers for Effective Protection: Covers legal and statutory powers for protecting vulnerable adults.
• Understanding Challenging Behaviours: Explores different behaviours and how to understand them.
• Escalation of Behaviours: Examine the escalation of behaviours.
• Negotiation as a Way of De-escalation: Focuses on negotiation for de-escalation.

Day 2 Content

• Pre-Engagement Preparations: Covers preparations before engaging with someone.
• Effective Communication Skills for Active Engagement: Learning effective communication skills for engaging with someone.
• Assertive Communication: Discussing assertive communication techniques.

Day 3 Content

• Recap: Summarizing previous learning points from Day 1 and 2.
• Role-Play Practices: Engage in role-play activities to practice skills learned.
• Self-Care Strategies: Focus on strategies for managing stress and burnout for those in the field.
• Assessment: Learning outcomes for assessment for Day 3.

Learning Outcomes

• List signs of escalation.
• Explain the behavioural change stairway.
• Apply verbal and non-verbal communication skills to manage challenging behaviours from vulnerable adults' family members.
• Demonstrate approaches in managing challenging behaviours.
• Apply self-care strategies to address burnout, secondary traumatic stress, and vicarious trauma.

Ice-breaker (15min)

• Take a post-it note.
• Write your name and one key takeaway.
• Walk around the room and introduce yourself using the post-it note.
• Share what you hope to gain from the training.
• Paste your post-it note on a tree of growth.

Statutory Powers for Effective Protection

• Protective Orders: Includes Restraining Orders, Exclusion, Non-Access, Non-Visitation and Non-Communication Orders, and Expedited orders.
• AP-Only Orders: Includes Short Committal Order, Extended Committal Order, Specified Production Order, Supervision Order, Counselling Order, Safety Order, Disposal Order, and Interim Order.
• Enforcement Powers by the Police: Case workers informing police officers of a case and collaborating around enforcement issues.
• Visitation Guide: Guidance on handling challenging family members during visits.
• Case Management Support: APS/community agencies provide support, especially in the initial period of placement.

Key Principles for VAA Operationalization

• A vulnerable adult (VA) has the right to decide how to live and receive assistance if they can.
• VA care must be made as least restrictive as possible.
• VA's views and opinions must be respected.

Practice Principles

• Client-centric: Focus on VA protection, taking their views into account.
• Family: Families must be supported as first line of care.
• Community: Encourage community involvement in supporting clients.
• SSAs and relevant agencies: Social work interventions and support services are important.
• State: Policy oversight, investigation and enforcement, intervening as a last resort when necessary.

Case Background (Examples):

• Case examples presented in the training, focusing on vulnerable adults being abused or neglected.
• Emphasis on collaborating with family and other stakeholders to ensure the safety and well-being of vulnerable adults.
• State intervention used only as a last resort, in cases where community support is deemed insufficient.

Crisis Development/Behaviour Levels

• Anxiety: A change in behaviour
• Defensive: Beginning to lose rationality
• Risk behaviour: Behaviour presenting imminent or immediate risk to self or others.
• Tension reduction: Decrease in physical and emotional energy

Staff Attitudes/Approaches

• Supportive/Empathic approach: Non-judgemental approach exhibiting empathy.
• Directive/Decelerating escalating behaviour: Managing and disengaging the escalation.
• Physical intervention/disengagement and/or holding skills: Managing risk behaviour.
• Therapeutic rapport/re-establish communication: Re-establishing connections with the client.

Verbal Escalation Continuum

• Intimidation: Verbally and/or nonverbally threatening
• Defensive: Non-compliance, setting limits
• Questioning: Information-seeking, rational questioning.

What You May Observe (Verbal/Non-Verbal Cues)

• Lists of verbal and non-verbal cues, such as repetitive words, forced speech, yelling, finger pointing, violating space, making fists, staring intensely, heavy breathing, refusing eye contact.

Group Activity (Examples)

• Group activities focused on scenarios and behaviours to promote discussion, case brainstorming etc.

Negotiation as a Way of De-escalation

• Negotiation is defined as a process employing specific skills to solve crises and reach peaceful resolutions.
• Methods that help solve situations using negotiation, to de-escalate the client, and keep the interaction safe are employed.

Uses of Negotiation

• Used to enhance existing trainings in problem solving/client engagement and negotiation concepts.
• Used to prepare those involved to better handle difficult clients/high-intensity cases.
• Used before resorting to police intervention.

What Negotiation Skills Can/Cannot Do

• What negotiation skills can achieve successfully
• What negotiation skills cannot achieve

How Do We Persuade Someone?

• Two main persuasion routes:
  • Central route: Thoughtful considerations (facts, logic, argument).
  • Peripheral route: Feelings (credibility, attractiveness).

Persuasion and Negotiation

• Central: Higher mental energy, long-term engagement.
• Peripheral: More tired/less energy, short term engagement.
• Effective negotiation includes understanding the client's mental state, preparing your information, making logical statements and the likelihood of the client listening to those statements.

Understanding the Process of Negotiation

• Negotiation typically uses a peripheral approach.
• It needs to address relations and stressful circumstances appropriately.
• Responders need to develop client relationships and deliver information effectively.

Behavioural Change Stairway Model

• Five steps to changing a client's behaviour:
  • Active listening
  • Empathy
  • Rapport
  • Influence
  • Behavioural change

What Supports Behaviour Change?

• Effective communication
• Patience and calm
• Respect and empathy
• Adaptability
• Understanding Time (Crucial Factor)

Understanding the Importance of Time in Negotiation

• First moments are critical/dangerous
• Active listening, understanding client emotions, managing defensiveness, and apprehending are important.
• Time is necessary to calm down, reframe negative thoughts, establish perspective and move towards a collaborative mindset.
• Effective strategies for managing time during negotiations.

Successful Negotiation Factors

• Positive interactions
• Addressing mood/emotional state
• Factors that increase likelihood of successful negotiation.

Effective Communication Skills (Day 2/3)

• Effective verbal and non-verbal communication
• How to use communication to establish rapport, influence and manage the situation.
• List common scenarios
• Nonverbal communication: body language, facial expressions, gestures.
• Verbal communication: using neutral language, tone, and pacing.
• SOLER positions; used to communicate effectively, by creating a respectful setting and attentive posture.
• Active listening skills (clarifying, paraphrasing, reflecting, summarising).

Effective Questioning Techniques

• Combine question types (open-ended, close-ended, clarifying, scaling).
• Be prepared for silence and let the client think before answering.
• Ask one question at a time.

Assertive Communication

• Assertive communication techniques in conversations, emphasizing being direct, honest and clear.
• Setting limits and establishing expectations.
• Examples for assertive communication techniques for various scenarios.
• Common triggers for clients.
• Warning signs of client escalation
• Address clients' feelings
• Effective use of simple words and calm communication

Case Scenarios (Examples)

• Case studies with different scenarios, illustrating how to apply these techniques.
• Highlight the importance of considering the client's potential risks and behaviours.
• Application of the skills learned and how to recognize and deal with escalating situations.

Role-Play & Assessment

• Practice simulations dealing with difficult client behaviours or situations.
• Use of role play scenarios to implement skills learned and provide feedback.
• Evaluate the effectiveness of the actions taken
• Assessment process for the various days of the training.

Self-Care

• Emphasize self-care as a crucial aspect of the training program for staff.
• Teach the trainees to use strategies to manage their own stress and emotional reactions.
• Discusses different types of trauma: Vicarious Trauma, Secondary Traumatic Stress, Compassion Fatigue, Burnout
• Strategies to develop skills for managing their own emotions to reduce stress.