Identificarea nevoilor de formare

Ce este formarea ? Training is different from education. Education is most often described as focusing on knowledge to be transferred to the learner. Education is what takes place at for example universities: the student is educated in a broad field of knowledge: history, backgrounds, theoretic and abstract models. Training focuses on teaching someone how to do something; it focuses on developing skills. Training is therefore more concrete and specific, the objectives and expected outcomes are easier to define. For this reason the training of judges and prosecutors should indeed be training and not education, focused on the needs arising from daily work, changing legislation and jurisprudence or new skills required by changing roles or organisation of the work. This distinction shows another difference: education would be the perfect approach to transfer knowledge to children and young people. Adults, especially highly educated adults learn in a different way. Principiile nvrii la Aduli Training adults requires concentrating on the needs of the trainee. Adults prefer an active role in the training activity. The training should have a clear and practical approach and should respect the already existing knowledge and experience of the trainee and his specific motivation to participate.

Identifying training needs

One point which is stressed in this part of the manual is the need to start the process of training with the needs of the trainees as clearly in focus as the wishes of the trainers. Know your audience is important in terms of delivery: but it is important even more so when planning. But the identification of existing training needs may not be immediately self-evident, either in the minds of the trainees or even of the trainers. So the first challenge is to identify and analyse these existing needs Needs can be distinguished from wants: needs should address the essential training requirements of both the individual trainee and of the organisation. The two sets of needs individual and organisational may often coincide, but sometimes can conflict. We discuss the issue of addressing training needs

below. Clarifying what a particular training module / session / programme should contain in order to meet the needs of those being trained is thus the essential startingpoint together with establishing clearly and precisely what the training is designed to do that is the intended learning outcomes. Each training session must identify that sessions intended learning outcome. In a training session four different aspects of the learning process can be distinguished:
Knowledge Skills Attitudes Values E.g. to commit oneself to values such as equality, respect for human dignity, pluralism, tolerance, etc.

E.g. of human rights E.g. in identifying a E.g. to reinforce instruments / relevant human rights issue, appropriate attitudes case law of the and researching which stress the European Court of relevant legal rules professional Human Rights and of to apply the law to a responsibility to domestic courts. given situation. respect and promote human rights.

The aim of any training session is thus likely to involve all of these categories. For example, we may say that the general aim of a programme of training for judges will be to make judges aware of the importance of fair hearing guarantees under the European Convention on Human Rights in domestic judicial decisionmaking.

2.5 Clarifying intended learning outcomes

It is indispensable to be able to spell out more fully the specific intended learning outcome of the training firstly to help trainers and trainees focus on the essential content of the training, and second to help identify further training needs where the intended learning outcomes have not (or have only partially) been met. To write intended learning outcomes, we need to use precise language1. The learning outcomes must be: Specific; Manageable; Attainable; Relevant; and Time-specific.
1

Intended outcomes should be SMART (This acronym which is composed using the first letter of each word in English; will therefore not translate as effectively into other languages.)

Why must trainers spend time identifying and writing down the intended learning outcomes? First, this helps reinforce the points made above. The training should be pragmatic (i.e. applicable to trainees needs). It should be attainable within the time available. It should also be able to be assessed to enable both trainers and trainees appreciate what has been achieved. Second, this ensures that trainers and trainees know the specific objectives of the training as long as we clearly specify these intentions, and clearly communicate these to the trainers. Third, this also helps trainers with the next phase of planning training: choice of training technique. Fourth, trainees acquire an I can do attitude to training which reinforces the notion of competencies-based training within the organisation or public service. Identifying and writing the intended learning outcomes is thus the first and most vital stage of planning training. There are some helpful hints in ensuring these objectives are specific2.
If you want your trainees to... Use one or more of these Add the object verbs:
state, define, name, write, Knowledge of specifics, for recall, recognise, list, label, example research, theory, reproduce, identify examples of case law, method, approach appreciate, select, indicate, translate, interpret, illustrate, represent, extrapolate formulate, explain, classify, comprehend predict, demonstrate, apply knowledge, instruct, compute, use, understanding to.. perform, implement, employ, solve analyse, identify, analyse relationships, differentiate, dissect, elements, organisational compare, contrast, examine, principles interpret, investigate combine, summarise, produce a new form, plan, restate, prcis, argue, set of ideas, set of relations discuss, organise, derive, relate, generalise, integrate, conclude

And condition/context
Eg, state the test under Art 5, ECHR before a deprivation of liberty on suspicion of a criminal offence is justified

Know

Comprehend

Apply

Analyse

Synthesise

Extract: Hinett, K, Developing Reflective Practice in Legal Education (UK Centre for Legal Education, 2002)

Evaluate

judge, justify, evaluate, judge in terms of internal determine, support, defend, and external evidence attach, criticise, appraise, weigh up, assess

Here are two examples of identifying the intended learning outcomes of a training session:
Example 1: Training the trainers judicial training seminar (2 days) for judges. The aim of the session is to explore methods of human rights training for judges and to introduce participants to a range of issues connected with fair hearing guarantees in the ECHR (with specific reference to Article 6). The intended learning outcomes can be identified as follows: By the end of this session, trainees will be able to: write appropriate training objectives [knowledge and skills] identify learners needs in terms of knowledge, skills, attitudes and values [analysis of needs] outline the advantages and disadvantages of (a) lecture-style presentations; and (b) small group work [comprehension] draw up guidelines of good practices in establishing a suitable learning environment [application] develop an outline lesson plan based upon fair hearing requirements under the ECHR [application]

Example 2: seminar session (2 hours) for judges on freedom of expression and the media The aim of this session is to introduce judges to the case law of the European Court of Human Rights in respect of Article 10. The intended learning outcomes can be stated thus: By the end of this session, trainees will be able to: restate the main principles of interpretation of Art 10, ECHR in respect to freedom of the media [knowledge] critically assess the approach adopted by the European Court of Human Rights to cases involving the responsibilities of the media in a democracy [analysis; synthesis] evaluate the extent to which the European Convention on Human Rights provides for a right of access to information. [evaluation]

Setting objectives

Now that we know how to identify the training needs and the target group the next step is to set objectives for the training activity. The identified needs should be translated into concrete topics that can be part of a training activity. At the same time attention should be paid to the particular target group: which level of knowledge or skills is required and which method is appropriate (see also the chapters on methodology and training techniques). A strategy might be as follows:3 Collate identified needs together. Identify, in terms as specific as possible, the skills, knowledge and behavioural attributes needed to achieve competence in relation to each need. Decide on a priority order of which needs are most important to the performance of the role. After suitable discussion, evaluate the size of the training gap and produce a needs index. Consider any other evidence that is relevant to the problem (complaints from the public, rates of appeals and delays). Reach a final conclusion based on: o Priority of the need to the performance of the role. o Results of the needs index and size of the training gap. o Evidence from other sources. o The likely duration of the need- some problems disappear with time. o The proportion of the target population to which the identified need applies. o The cost, both in social and financial terms, of ignoring the need.

With this systematic approach it is less likely to omit important aspects of the problem. It is based on views and evidence of all important stakeholders and not only on an individual perspective.

2.8 Application of the theory

The case study identified a series of measures of a legal character (new laws) and of a more organisational/technical character (time management, monitoring system). Further new arbitration and mediation centres are introduced as well as a new fiscal appeal tribunal. As a consequence the NIT can identify several (sources of) training needs (see par. 2.3 and 2.4): 1. Knowledge of and skills to apply the new laws on territorial jurisdiction and jurisdiction of the appeal courts.
3

Source: Judicial Training Handbook of the Judicial Studies Board of England and Wales

2. Knowledge of and skills to apply the new laws to simplify or accelerate proceedings and laws on compensation in cases of excessive duration. 3. Knowledge of the competences of the newly created centres for arbitration, mediation and conciliation. Skills to identify cases, suitable to be referred to these centres. Professional attitude/awareness that arbitration, mediation or reconciliation are to be preferred to judicial proceedings. 4. The new judges in need of training. 5. New technical skills to manage the electronic monitoring system. 6. New bodies such as the arbitration and mediation centres and the fiscal appeal tribunal need knowledge and skills on the laws in their field of competence and training to develop their professional identity and to enhance the team spirit. 7. Management skills (time and case management and working processes) In order to further define which activities need to be developed the specific target groups have to be identified. The NIT had already learned in the past that a combination of judges from first instance courts, appeal courts and the Supreme Court was not appropriate and that specific activities should be organised for each level of jurisdiction. For similar reasons the NIT decided to develop a specific training programme for the Office of the Public Prosecutor. The NIT also realised that new judges can be newly appointed judges, experienced lawyers or retired judges. As within the group of new judges, the level of already existing knowledge and skills varied it was necessary to address each group on its own level. The new judges need either the complete initial training programme or specific training, in addition to their already existing professional experience. In the law on the creation of arbitration and mediation centres, the NIT was appointed to train the (legal) staff of the institutes. The NIT identified as target groups: judges and lawyers of courts of first instance judges and lawyers from the appeal courts judges and lawyers from the Supreme Court public prosecutors and lawyers from the prosecutors office newly appointed judges newly appointed experienced lawyers retired judges, appointed in the old cases chambers court management teams court administration judges and staff of the fiscal appeal tribunal lawyers and staff of the arbitration and mediation centres

The NIT subsequently planned a programme, identifying for each target group the training activities and the intended learning outcome: Target group Activity Learning outcome By the end of the training, the participants will be able to: a. recall all main procedural changes (knowledge) b. implement the procedural rules (skills) c. recall and implement the new rules to accelerate proceedings (knowledge and skills) a. recall the main principles of the new law (knowledge) b. analyse the excessive duration of a proceeding, evaluate the reasons for the delay in order to assess the right to compensation (knowledge and skills) a. identify the competences of the centres (knowledge) b. analyse cases and assess if they can be referred to the centres (knowledge and skills) a. recall all main procedural changes (knowledge) b. implement the procedural rules (skills) c. recall and implement the new rules to accelerate proceedings (knowledge and skills) a. recall the main principles of the new law (knowledge) b. analyse the excessive duration of a proceeding, evaluate the reasons for the delay in order to assess the right to compensation (knowledge and skills) a. recall all main new procedural changes (knowledge) b. implement the procedural rules (skills) c. recall and implement the new rules to accelerate proceedings (knowledge

Judges and lawyers of 1. Training on the new courts of first instance procedural laws

2. Training on the new laws on compensation after excessive lengthy proceedings

3. Training regarding the new centres for arbitration, mediation and conciliation Judges and lawyers from the appeal courts 1. Training on the new procedural laws

2. Training on the new laws on compensation after excessive lengthy proceedings

Judges and lawyers 1. Training on the new from the Supreme Court procedural laws

2. Training on the new laws on compensation after excessive lengthy proceedings

Public prosecutors and 1. Training on the new lawyers from the procedural laws in prosecutors office criminal proceedings

2. Training on the new laws on compensation after excessive lengthy proceedings Newly appointed judges 1. The initial training programme

Newly appointed experienced lawyers

1. Training on court proceedings, the role of the judge and writing skills.

2. Training on the new procedural laws

3. Training on the new

and skills) a. recall the main principles of the new law (knowledge) b. analyse the excessive duration of a proceeding, evaluate the reasons for the delay in order to assess the right to compensation (knowledge and skills) a. recall all main new procedural changes (knowledge) b. implement the procedural rules (skills) c. recall and implement the new rules to accelerate proceedings (knowledge and skills) a. Identify causes for delays in investigation and pre trial phases of the proceedings and apply appropriate measures to avoid standstill time (knowledge and skills) a. Recall, comprehend and implement basic knowledge on material and procedural law (knowledge and skills) b. Critically analyse and evaluate real life situations, identify the appropriate reaction/solution and apply it (knowledge and skills) c. Develop a professional attitude as judge (attitude and values) a. Identify specific aspects of proceedings, relevant for judges (knowledge) b. Analyse and evaluate the role of the judge (skills) c. Develop the professional attitude of a judge (attitude, values) d. Skills to write judgments and other court documents a. recall all main new procedural changes (knowledge) b. implement the procedural rules (skills) c. recall and implement the new rules to accelerate proceedings (knowledge and skills) a. recall the main principles of the new

laws on compensation after excessive lengthy proceedings

4. Training regarding the new centres for arbitration, mediation and conciliation Retired judges, appointed in the old cases chambers 1. Refreshing course: overview of main changes over the last 3 years. 2. Training on the new procedural laws

law (knowledge) b. analyse the excessive duration of a proceeding, evaluate the reasons for the delay in order to assess the right to compensation (knowledge and skills) a. identify the competences of the centres (knowledge) b. analyse cases and assess if they can be referred to the centres (knowledge and skills) a. recall and apply the relevant rules (knowledge and skills) a. recall all main new procedural changes (knowledge) b. implement the procedural rules (skills) c. recall and implement the new rules to accelerate proceedings (knowledge and skills) a. recall the main principles of the new law (knowledge) b. analyse the excessive duration of a proceeding, evaluate the reasons for the delay in order to assess the right to compensation (knowledge and skills) a. identify the competences of the centres (knowledge) b. analyse cases and assess if they can be referred to the centres (knowledge and skills) a. understand the system and know how to derive and interpret data (knowledge and skills) b. the participants are able to critically evaluate the data in order to identify possible management decisions (skills) a. understand the effect of working processes on processing time in individual cases. (knowledge) b. the participants are able to critically evaluate all relevant data, to

3. Training on the new laws on compensation after excessive lengthy proceedings

4. Training regarding the new centres for arbitration, mediation and conciliation Court management teams 1. Training on how to derive and interpret the data from the electronic monitoring system

2. Management skills (time and case management and working processes)

comprehend the sources of delays and to address them by developing and implementing appropriate working processes (knowledge and skills) Court administration 1. Training on the new procedural laws 2. How to feed the monitoring system with appropriate data and how to manage time limits. Judges and staff of the fiscal appeal tribunal 1. Fiscal laws, competences, procedures a. comprehend the procedural rules and know how to apply them in individual cases (knowledge and skills) a. understand the system and know how to feed it with data (knowledge and skills) b. comprehend alerts and take appropriate action (knowledge and skills) a. recall, comprehend and apply the main fiscal laws (knowledge and skills) b. identify the competences of the fiscal appeal tribunal (knowledge) c. apply the appropriate procedural rules (knowledge and skills) a. get to know each other and communicate and cooperate within the team (skills, attitudes, values) b. develop a corporate identity (attitudes, values) c. discuss and develop working processes (skills, attitudes, values) a. identify the competences of the centres (knowledge) b. recall and comprehend the main laws in the relevant fields of competence (knowledge and skills) c. understand and apply (psychological) principles of crisis management, conflict solving, negotiating, discussion techniques, (skills, attitude) d. apply the appropriate procedural rules (knowledge and skills) a. understand what is expected of an arbiter/mediator (knowledge and skills) b. develop a professional identity (attitudes, values) a. get to know each other and are able to communicate and cooperate within

2. Team training

Lawyers and staff of the arbitration and mediation centres

1. Competences and tasks

2. The role of the arbiter/mediator 3. Team training

the team (skills, attitudes, values) b. develop a corporate identity (attitudes, values) c. discuss working processes (skills, attitudes, values)

4. Practical issues
4.1 Introduction
After these first chapters, which form the basis for the development of a training activity we will pay attention to some practical issues. Although only practical issues a failing practical organisation of an activity may seriously affect the results of the training in a negative way, risking a complete failure. We will discuss:

How to establish the best learning environment Timing How to make the trainees feel at ease Ground rules

4.2 Establishing the best learning environment

4.2.1 Timing 4.2.2 Making the trainees feel at ease 4.2.3 Establish appropriate ground rules
Establishing appropriate ground rules may be considered appropriate to ensure trainees understand their responsibilities. In other words, do not assume that each trainee is a willing learner! You, the trainer are in charge: you have a responsibility to other trainees and to other members of the training team to ensure that trainees co-operate by following basic ground rules, most of which are matters of mere basic courtesy to others. It is always better to lay down the law at the start of training to prevent misunderstandings later (and infractions can thus be dealt with more readily on an individual basis if and when they arise).

Consider discussing: 1. Attendance throughout the course is expected any tendency to disappear early can be addressed by circulating claim forms at the very end of training; where a certificate of participation is being issued, stress that a record of attendance (which could take the form of a circulated list which requires trainees to sign against their own name) will be taken. 2. Timing: you will lose time if you do not show that the timetable is not for mere guidance: try to start at the allotted times and finish promptly. 3. Participation is of the essence it could be necessary to explain that especially small-group training methods (see chapter 6) require active participation.

. Methodology: theory concerning education and adult learning principles

5.1 Introduction
Delivering good effective training is a skill which has to be acquired trough a learning process and then developed and polished by experience, irrespective of the subject matter. In an ideal world, training on the ECHR would be delivered by experts who had both knowledge of the Convention and highly developed training skills. However, most trainers are judges and prosecutors with limited training on training methodology. Modern training methods focus on the active participation in the training of those being trained, rather than relying on passive listening to an expert. To use these methods successfully requires an understanding of training methodology. This section is therefore designed to help trainers to

understand the importance of ensuring participation in training and variety in the methods selected identify the knowledge, skills, attitudes and values which are part of human rights training develop specific strategies and training methods for human rights education draw up guidelines of good practice in human rights training which will assist trainees and trainers in recognising when the training is effective

5.2 Adult learning principles

In chapter 2 we identified the difference between education and training and the approach required when it comes to training adults. The specific differences between training children and young people and training adults have resulted in two different sciences. Pedagogy is the science of educating children. Emphasis is laid on the development of the child; an empty vessel with no life experience, no knowledge

or skills. As the child is depending on guidance, the role of the educator is that of an instructor and the child is supposed to follow the instructions. Andragogy is the science of teaching adults. It takes into account that adults have already accumulated knowledge and experience. In andragogy, the importance of building on this already existing knowledge and skills is the main focus. The adult will not accept to be re-educated and will not accept imposed instructions. Adults want to be involved in identifying learning needs. As training will mostly take place in the professional life of an adult, he/she will be interested in practical results and knowledge that can be applied immediately. For the trainers this means they should not copy the way they were trained at school. David Kolb is one of the experts that developed theories regarding learning styles and processes. He developed a learning circle, identifying different learning styles4:

In the circle you find two poles: concrete experience and forming abstract concepts; they are about how to explore and absorb new knowledge. The other poles: testing in new situations and observation and reflection are different ways to digest new knowledge. What do these terms mean? When trainees learn by concrete experience they need to see, hear, touch, feel; they have no patience to sit and listen. Forming abstract concepts is about trainees who like to explore theory, and to have schemes, models or abstract concepts.
4

David Kolbs learning circle

The other set of poles (digesting information): Observation and reflection: trainees need time to think things over, to digest theory/new information before applying it. Testing in new situations: trainees learn by actively experimenting: they need to apply new knowledge in real life. The four elements of Kolbs learning styles can be related to different training techniques: Learning by concrete experience: role play, moot court and demonstrations would be appreciated by the trainee. Also techniques to do it the wrong way are successful learning strategies. The trainee is invited to show how it should not be done or is given a concrete task to try back in the office and report about the results, Observation and reflection: structured discussion about the experiences of the trainees and their conclusions to be drawn. Multiple choice: trainees are confronted with a situation and have to choose one out of three possible solutions: they should argue/explain their choice. Mind-mapping: trainees make a mindmap about a theme: departing from their own experience/knowledge they try to solve the problem (without previous explanation of the relevant theory) Learning by forming abstract concepts: Lecture/presentation. Research: the trainees are provided with some literature and should find themselves the most suitable theory to solve a case study/answer a question. Testing in new situations: the trainee makes a checklist, based on the theory. The trainees assess if in a case study the theory was applied correct or wrong. The four learning styles are related: the perfect learning process will cover all four elements in a continuous spiral. The question is: where to start and how? We will answer this question later; first we need to get a clearer picture of the basic principles in adult learning and the consequences for the training of judges and prosecutors.

5.3 Application of the theory

There are three basic rules to take into account: - you are training adults - you are training legal professionals - you are training peers (especially if you are a judge or a prosecutor yourself

This may seem all very obvious, but you should be aware of these aspects: they are at the basis of all adult learning principles. If you know how to deal with these elements, you have the basis to develop your personal training style. What does it mean to train adult (legal) professionals: you are not training children who have hardly any knowledge and very limited experience: your participants already know a lot; when you develop your curriculum and your training you should know where to start and if possible use their knowledge, and activate it. This relates to Kolbs circle: the choice of learning method will allow or block the participants to use their already existing capacities and knowledge; we shall return to this. The fact that you are training peers will affect your role as a trainer: you cannot take the role of the one who knows it all ; you are among equals, you even might meet them in other social settings, which makes you more vulnerable and makes it necessary that you find the right tone to address them. Be aware that the trainee not always agrees that you are a peer, for example you might be going to train judges in a high court, who may consider you are not at their level. You have to deal with this other perception of social roles in a respectful manner, whether you agree with it or not. Be careful not to try to change this attitude or, even worse, lose your confidence and authority. In reality you will not find a group of trainees who all have the same learning style. Therefore you should offer various styles to ensure that all participants find something to relate to. In order to activate and build on already existing knowledge, recognise that you are training professionals: when you start just ask them: what do they already know, what is their experience, which problems do they encounter, what would they like to learn. Courses should be tailored to specific audiences: always start from the perspective of the actual participants To ensure active contribution: allow them to speak, ask questions, discuss, DO something, not just make them listen to you. Participation rather than passive reception enhances the value of training for learners (as well as the satisfaction gained by trainers) Be aware that the trainees might have strong opinions: about being in your training instead of working (and they are busy, tired, not motivated). Or about human rights: just making life more difficult, international police watching over your shoulder or human rights being contradictory to working methods, opinions or the financial reality. In adult training you will discover that opinions are strongly

anchored in the participant (they are not children anymore). When you meet resistance, try to work with it in a constructive manner, try to find a bridge between what is acceptable for them and human rights principles: try to find common ground.

Make clear from the outset what is in it for the trainee; why is it fun/important/useful; make a clear link with professional reality and with practical results to be expected as an outcome of the training. Learners will be more involved in training when they can see the relevance of the training and the opportunity to apply the training in practice. How can we adjust our training style to the different learning styles as identified by Kolb? Let us look at different professional groups, which probably have different learning styles: The first group is judges. They likely prefer to explore abstract theory: they have the habit (university), in their daily work they quite often work on the same basis: they study a file, have to analyse a juridical problem and think about a solution: they are thinkers, brain workers. So in a training for judges you could start with a lecture or PowerPoint Presentation to explore the theory. Police officers more likely prefer a practical approach: that would fit into their daily reality, they are usually not brain workers but are confronted with concrete situations that they have to deal with. In this case you might prefer to emphasize concrete experience as the starting activity or main activity of your training. But do not forget that training is not only about exploring and absorbing new knowledge but also about digesting it. Therefore you must include something in your programme to ensure digestion of the new theory presented, for example role play or case study. When you use these techniques (see also chapter 6 about training techniques), keep in mind the social roles and position of your trainees: persons in distinguished public positions may not wish losing face and might not be very eager to do role plays. The same goes for working environments where a strong sense of group loyalty or a macho-culture exists. Now that we have looked at adult learning principles and learning styles, there is a third element that we should pay attention to: what is the aim of the training? Do we want to transfer knowledge, or train participants in new skills or influence perceptions and attitudes? To transfer theoretical knowledge, presentations are the most obvious technique. However, never expect that lectures will be sufficient: interaction and sharing what is already there will help people who are not into listening to abstract theory (Kolb). If you want to train on practical skills, and if you want to get into the stage of digesting information/testing new situations (Kolb), carry out case studies,

moot courts, role play. If you want to change attitudes and perceptions then be sure to include exercises or discussions that will touch on feelings and opinions. The same exercises as used to train skills can also be useful. Discussion is also an important tool if you manage to give good guidance and to introduce new concepts in a way that is acceptable for the trainees.

5.4 Role of the trainer

The role of the trainer is to facilitate learning: that is, to help the process of understanding on the part of those undergoing training. This, in turn, emphasises the nature of training. Training emphatically does not comprise the transmission of as much knowledge as can be communicated in the time available. It involves a process of - identifying training needs, - determining desirable training outcomes, - design courses and programmes - considering possible resources and methods, and - selecting the most appropriate resources and methods - conducting a training - evaluate and analyse the results of the training - sparring partner for the training institute to discuss training requirements Trainers are educators, not just subject-specific experts although they must clearly have a sound knowledge and understanding of the subject.

5.5 Barriers to effective training

Trainers are likely to be confronted by barriers which may exist both organisationally and individually in the minds of trainees. Three potential key barriers can be identified: Threats to organisational ethos: within the context of human rights, the ingrained culture or ethos may perceive respect for the human rights of individuals as impeding the fight against organised crime (particularly organised or terrorist crime). To wage the fight against crime (or the war against terrorism) successfully, violations of personal integrity or of fair hearings guarantees may be considered as unavoidable by the organisation and there may be an institutional distrust of human rights. Challenge to individual professionalism: the notion of training (particularly in

some instances if provided by outsiders) may be seen as a challenge to or an implied criticism of the professionalism of the official (and particularly in the judicial context, to the notion of judicial independence). Perceptions that human rights have little practical relevance for trainees daily work: there may be considerable reluctance to attend and to participate if the issues addressed in training are viewed as having no bearing on the discharge of daily responsibilities.

Other practical barriers, of course, exist: there may be a problem with time (training may not be seen as a high priority), while a previous bad experience at training events may suggest that future events will be seen as largely irrelevant or poorly presented (or both). Being aware of such barriers is helpful in ensuring that the training provided addresses trainees concerns. Most of these possible responses can be addressed: If training is seen as tailored to the needs of the audience (rather than expecting the audience somehow to draw their own conclusions as to what relevance it has for their own future application), training will be seen as a valuable allocation of time. Training which attempts to be of general applicability, rather than specifically directed towards the situation of the trainees, risks alienating the audience, as does training which is inappropriately pitched in terms of the trainees existing levels of knowledge and skills. If training involves a range of participatory training techniques, it will engage the audience much more than merely didactic lecturing. Merely talking to an audience will achieve little, although it may well be the approach traditionally adopted in some countries. Interaction and participation will engage trainees attention and help in the realisation of the aims of the training. If human rights training emphasises that historical experiences show that there are no short cuts in the fight against organized crime or terrorism, or that human rights are instruments to help obtain the truth in a criminal process (rather than merely as suspects rights), any tendency to see human rights as a barrier to the effective discharge of responsibilities may be balanced by the notion of human rights as an effective tool for public sector officials.

6. Training techniques; how to work with groups, how to present legal theory
6.1 Introduction
Establishing clear aims and intended learning outcomes and making sure these are communicated to trainees - will be of considerable assistance to trainers in determining their choice of training techniques or formats. As we discussed in the previous chapter, some methods are more effective than others in achieving particular objectives: if one of the intended learning outcomes is, for example, changing the inappropriate attitudes of trainees (or reinforcing existing positive attitudes) with regard to a particular human rights issue, this is unlikely to be

achieved successfully by means of a lecture alone (but may be advanced, for example, by discussion in small groups). Some techniques, of course, are more resource-efficient than others: the communication of factual knowledge on human rights standards may only require a formal presentation (which in turn may be made a more effective learning tool by means of PowerPoint, overhead projection slides, a video, or the opportunity to engage in discussion during or immediately after the presentation). Remember, too, that the acquisition of knowledge is different from the acquisition of skills. It is generally accepted that: People acquire skills: 10% by hearing 25% by seeing 65% by doing People acquire knowledge: 10% by doing 15% by hearing 75% by seeing Changing attitudes (or reinforcing positive attitudes) and accepting fundamental values which involve sensitising trainees to accepting the need to promote and protect human rights through their work through commitment to intangible values (such as the inherent dignity of every individual) involve longer-term and more subtle reminders and reinforcement of appropriate outlooks and personal beliefs. There is another key reason for ensuring careful choice of method: variety in training method keeps learners interested and reduces the likelihood of finding the training synonymous with irrelevant or even boring. In short, in planning your training sessions, ensure you consider not only the provision of knowledge, but also how to address the acquisition of skills allowing application of human rights concepts and the inculcation (or reinforcement) of appropriate attitudes or values in the hearts and minds of trainees. You should also ensure that the audience is sufficiently discrete and homogenous (even if composed of different groups or ranks) and the training is appropriately pitched so as to allow the targeted provision of training. Training techniques have a strong practical focus and orientation make sure the trainers and the trainees understand what training needs have been identified and why these are important. The section contains useful information on facilitating group work and advice on writing useful case studies or problems for discussions in groups.

We will discuss: The use of presentations and group work Pitfalls in group work and the use of devices such as case study discussion Participatory techniques How to ensure presentations are stimulating

6.2 Group work

Group work (or more precisely, small-group work) can be a key method in your human rights training. The use of group work will complement plenary (or wholecourse) sessions. Indeed, it is now generally recognised that group work should form a significant part of training: it is perhaps better to suggest that formal presentations should complement group activity, rather than the other way around. These notes should help you prepare for group work. 5 In human rights education, group work can be used in a variety of situations and for a variety of tasks: Discussion of a prescribed topic: Here, the group is asked to discuss a given topic or topics within a given timescale (usually no more than 60 minutes), and report back to the rest of the course via a spokesperson or rapporteur (by highlighting the key conclusions of the group, possibly with the aid of a sheet or flipchart paper). Discussion of case study: groups may also be asked to discuss realistic scenarios involving no more than 3 main points (and normally based upon an earlier presentation in which the key issues have been highlighted). Again, it is usual for groups to be asked to report back to plenary session. Simulation or role-play involves the allocation of a particular role to a group or sub-group for example, prosecutor, defence and court; or police officer, witness, and victim). Participants will then be asked to discharge a task (such as a moot problem) from this perspective. The simulation exercise may be presented as a whole at the outset of the problem, or handed out issue by issue as the exercise progresses to try to replicate the notion of a developing situation.

Adapted from materials prepared by C Healy and the Teaching and Learning Service of the University of Glasgow.

6.2.1. Working with small groups

Why use small groups in human rights training? Group discussion is vital in the formulation of appropriate attitudes and values. It is the best way of obtaining the ideas and experience of others in the group. Participants often find group discussion rewarding (and thus training more rewarding). Group discussion allows participants the opportunity of applying (and checking) knowledge. Groups can create a supportive social environment. But while group work is a key training method, there are pitfalls. Good group discussion is satisfying; poor group discussion can lead to frustration and drop out. Careful preparation is thus important as is awareness of techniques to help ensure all participants gain as much as they can from group discussion. Consider whether group activity could finish with conclusions of direct use to professional practice. For example, trainees could agree on some guidelines which could be applied in their job; conclusions could be circulated more widely to other colleagues through, for example, posting on a website. What different types of small-group work are there? There are essentially three types of group discussion: 1. Directed-teaching discussion group there is one correct answer to the discussion, and the aim is to arrive at the correct answer. 2. The non-directed discussion group tutors and trainees know there is no one correct answer, and the aim is to open up discussion and explore the topic through getting participants to interact in the group in a positive and constructive way. 3. The seminar-type discussion there is no hitherto accepted correct answer, and discussion will attempt to get some constructive conclusions which may lead to some collective decision from the competing alternatives available. The role of the tutor/trainer in each is crucial, particularly in the second and third types of group. Groups often wish to be told the correct answer what is right, and what is wrong. With the directed group, any tendency the tutor may have to provide the answer to the group immediately should be avoided: in the nondirected and seminar groups, the tutor must ensure the work is done by the group, but regular intervention in the form first of ensuring the group knows what is expected of them, then of moving discussion along (see further below), and finally of summarising discussion and conclusions.

What can go wrong in small-group work? 1. People know how to talk to others but not with others some talk too much, others too little; trainees dominate or are dominated; get off the point; talk around the point; repeat themselves; etc 2. Groups may too readily dismiss certain ideas and to accept others as obvious without recognising their limitations. 3. Groups may get bogged down with too many references to examples drawn from personal experience. 4. The group may not be clear as to the purpose of the discussion or what is expected of them. 5. The task may be uninteresting or insufficiently stimulating. 6. Discussion materials may be of poor quality. 7. Groups may become personality-centred rather than task-centred. 8. Groups are too large to ensure proper participation. 9. Group members may not know each other. 10. The choice of group members may make open discussion difficult. 11. The group is given too many tasks in the allotted time. 12. The group leader is insufficiently prepared or misunderstands the function of leader the leaders authority may be seen as overwhelming. 13. The group leader may dominate - by talking too much or by trying to force his/her own ideas. 14. The accommodation is poor seating does not encourage discussion. Getting it right: participants find small-group discussion rewarding when 1. They each have had a chance to contribute. 2. They were clear about the purpose of the discussion and were prepared for it: that is, they were working towards defined intended learning objectives. 3. The atmosphere was warm and friendly: that is, participants were at ease both physically and mentally. 4. Participants feel they have good leadership. 5. Participants feel they are learning something relevant. TIP: The critical first rule about group work is get the seating right! Arrange seating and equipment so as to meet your needs not those of the venue. Seating will help determine the relationships between the trainer and the trainees. (But always put the seating back the way you found it at the end of the session.)

6.2.2 9 steps: a practical guide to group work

To prevent that the risks of group work as described in the previous paragraph take place, the next steps could help you to use group work as an effective technique. Step 1: Understand the group Try to get to know the group: why are they there (motivation); what previous experience have they had of the topic under discussion? Are there likely to be any obvious barriers to open discussion (e.g. is there any suggestion of an official (or implicit) hierarchy amongst participants would the presence of a Supreme Court judge in the group militate against full participation by inferior court judges?) Do any of the group have any disability which may require special consideration to allow full participation? Ask yourself if any participants may be unable to carry out the tasks for any reason. Step 2: Plan the group exercise Review the tasks to anticipate both problems and answers. Arrange the room as you want it (see above). Schedule the timing of the exercise allowing for flexibility: dont rush them, but dont let them get bored! Step 3 : Ensure the group understands the tasks and intended learning outcomes Introduce the exercise by telling the participants why they are doing the exercise Tell the group what the ground rules are; how long the task will take; and what is expected of them (e.g. do they have to appoint a spokesperson to report back?) Ensure the group knows what resources are available. Step 4: Ensure the group understands the role of the group leader Ensure the group understands your role as one of facilitating discussion it is the leaders job to plan, explain, help, support and guide, not to direct or tell It is also your job to show the members that they can work together to reach common objectives.

Remember that discussion must be summarised and lead to logical conclusions. Step 5: If conducting a discussion, use an appropriate range of well-timed and well-focussed questions To open discussion (e.g. what do you think about?) To spread participation (e.g. what do the members think about? You have made a good point: would someone else like to comment? Do you all agree with that point?) To promote movement (e.g., time is passing: should we now move onto?) To promote group discussion (e.g. am I right in sensing agreement on this point? We all seem agreed that) To promote continuity (e.g., since we cannot quite agree on this point, do we all agree that we should take this point up at the plenary reporting-back session? Or at our next meeting? Or when we look at the topic of ..?) Step 6: If allocating tasks to smaller groups Ensure the participants know who will be in each team / pair. Monitor the progress of each team / pair. Step in if necessary (e.g., encourage quiet trainees) but do nothing if you are not needed. Step 7 [if necessary]: Deal with the awkward member appropriately Disruptive behaviour can take many forms: Knowing it all Not talking or talking too much Persistent questioning Not participating Lacking confidence Seeking special status Openly critical Having fixed views on everything This kind of behaviour poses certain challenges to the trainer. Disruptive behaviour is not always directed against the trainer and it does not necessarily means that the trainee is not willing to participate. The trainee can just be very tired or have serious problems in his personal or professional life. However, the trainers should try to prevent that the trainee disrupts the training.

Always try to respond positively to the awkward member in a supportive way. Lead the individual towards an awareness of the effect of the behaviour as long as this is not too painful for the individual or the group. Dont become too involved with the trainee: remember the rest of the groups purposes and central concerns. If the trainee is dominating the discussion or persistent questioning, try to limit his contribution by interruption or by passing the remarks or the questions to the group. Try to keep the discussion on track: summarise regularly and lead the group to positive conclusions. Step 8: Summarise Stress the relevance of the activity to professional practice. At the end of discussions, show : How different views were expressed, How some views were supported by evidence (and some were not), (If relevant) how there was any indication of attitude change, How the groups conclusions relate to professional practice, and (if appropriate) how one decision was chosen from competing alternatives. Step 9: Review self-check list after group discussion Did you prepare adequately? And were the members prepared adequately? Did you have a clear discussion plan and timetable in your own mind (or written down)? Did you explain the purpose of the discussion? Did you help the members to express their views? Did you periodically summarise the discussions conclusions? Did the group reach the intended learning outcome(s)? Did the group know it had reached the intended learning outcome(s)? Did you encourage further follow-up activity? Did you check that the physical arrangements and equipment were suitable?

6.3 Gaining audience interaction: participatory techniques

Not all speakers are comfortable with the idea of audience interruptions through question or intervention: while participation can help maintain audience interest, timekeeping may become problematic, relevance may stray, and discussions appear obscure or overtly technical. Permitting time for questions after the presentation may fall foul of audience selfcensorship: there may be reluctance culturally at challenging guest speakers, a worry that the questioner may appear to have misunderstood the speaker (or the

talk was incomprehensible), and the immediacy of the thought which prompted a question in the first place may have passed into thankful oblivion. If you have invited an outside speaker, try to ensure that the opportunity for asking questions at the end of the lecture is not an empty and embarrassing period of silence: it is always a good idea to try to get a group of trainees in advance to think of some questions to put perhaps by encouraging advance preparation on the speaker and the topic. There are, however, certain training techniques available to the speaker to try to stimulate large-group or plenary audience participation:

6.3.1 Brainstorming
Following a presentation, the audience is asked to respond with ideas which are written down on a flipchart. All ideas are recorded, there is no discussion at this stage (or rejection of the idea), and the moderators task is simply to list and to reject attempts at premature discussion. After the responses are recorded, there is subsequent discussion / analysis / categorising, etc of the responses as appropriate.

6.3.2 Buzz groups6

Buzz groups are small groups two or three people- who are asked to discuss a particular topic and then report back. They are by nature very informal and it is usually enough to ask the participants to discuss the topic with the person next to them. This is a useful method to have available where it is not an appropriate stage in the training to undertake a full-scale, small-group exercise and can be effectively used with larger groups to maintain concentration. Buzz groups should be given a clear, straightforward topic to address and allowed five minutes at the maximum or until such time as the buzz of conversation has died down. They are particularly effective in the early stages of a training course when participants may still be experiencing some inhibitions. After the discussion, a selected number of groups can be asked to feed back to the whole group so that views or thoughts can be shared and, where appropriate, this may be recorded on a flipchart. Be aware that unclear directions will lead to unfocused discussion and that if too much time is allocated to the discussion participants may lose interest and become bored.

Source: the Judicial Training Handbook of the Judicial Studies Board of England and Wales

6.3.3 Snowballing or pyramiding

Ask the audience to discuss a topic for a brief period of time, say 3-4 minutes, in pairs or threes [and never more than fours]. Then ask the pairs/threes to discuss their conclusions for another brief period with another pair/three (to identify whether there was disagreement / the means at arriving at the conclusion were similar, etc). This is followed by a general discussion. This technique gets discussion or interaction going in a relatively secure environment. Trainees discuss in pairs then move onto larger groups. It breaks down large (unmanageable groups) into smaller groups and all trainees have the chance to speak. The technique works with audiences of 4 40, is organised very quickly, and works with almost any topic. But trainees need clear instructions. This technique also requires a plenary feed back session (if being used in tutorial groups rather than plenary session).

6.3.4 Seeking audience responses

Sophisticated hand-held electronic voting devices are expensive and probably impracticable in all but the most formal of locations: but asking the audience to vote / record their agreement to a number of statements made by the presenter can help break up a formal presentation. A variation is to seek responses using 3 categories yes, no, and maybe. Here, the audience is asked for its views on a range of questions in response to either knowledge or to attitudes or values. In the former situation, the trainer can check the audiences appreciation of an aspect of human rights law, and thereafter concentrate on the maybe responses which are likely to be the hard cases; in the latter situation, the trainer can gain some insight into the views of trainees on particular matters: e.g. in a session on ill-treatment and the police, participants could be asked to respond to a statement such as Most police officers would regard the use of some illtreatment appropriate during interrogation of a terrorist suspect: this then would provide opportunity for debate and discussion.

6.3.5 Icebreakers7
Icebreakers are valuable short exercises that can be given to participants at the beginning of a training event to enable them to feel more at ease and to get to know each other quickly before the main work of the training begins. They also enable the trainer to identify members of the group.

Source: the Judicial Training Handbook of the Judicial Studies Board of England and Wales

Some exercises are most effective when the number is small so that any element of reporting back to the whole group does not take up too much time. Where there is a large group, at the point when it breaks up into smaller groups for certain aspects of the training, an icebreaker can be useful to enable the small group that will be working together to get to know one another. Some icebreakers can be used to split apart those who already know each other and encourage the group to mix. Be aware that it is important to set a time limit on all icebreakers and to keep to time to ensure that momentum is maintained and the main work of the training begins with all participants engaged and ready for more. Examples The trainee is invited to introduce him or herself and give a snapshot of an aspect of themselves In pairs, usually those sitting next to one other, the trainee introduces himor herself to the other, give some brief biographical details, including hobby or favourite pastime. They will only have 2 minutes to do this, after which each person will introduce the other to the rest of the group, in 30 words. The trainer asks the group to get into line in the chronological order of their birthdays (not ages!) This encourages them to find out about each other in a friendly way and can mix up the group so that each person is sitting or standing next to someone new.

6.4 Running a case study8

A case study is the presentation of a specific incident, or scenario, with relevant background information, that is analysed in detail with a view to the identification of a solution. It creates the opportunity to understand and apply principles and rules to a real or imaginary scenario. Case studies do not usually provide clearcut answers. They are intended to raise questions and allow participants to work through the decision-making process to find their preferred solutions. A case study can occupy a discrete session within a training event or can be undertaken on an extended basis, being worked through as the training progresses. Case studies are more effective when used in small groups, where the participants, who usually sit or work on their own or rarely with another judge,
8

Source: the Judicial Training Handbook of the Judicial Studies Board of England and Wales

can learn from each others experiences and analytical approaches and thereby reflect upon their own approach. They can also be used with larger groups. One method, similar to the Socratic method of case teaching, enables the whole group, managed by a facilitator, to participate and thereby exchange views and contribute to acquisition of knowledge and skills.

Case studies can cover a wide range of subjects: substantive law, procedural and evidential issues, case management, managing behaviour, fair treatment or a mixture of these. They may take the form of a short hypothetical scenario, a problem, a role-play, or use materials that would normally constitute papers for a hearing. It is important when proposing to use case studies that the content should be designed to achieve clearly defined aims and learning outcomes. Be aware that an unreal atmosphere and lack of background detail may encourage impractical decisions.

6.5 Writing a case study

Writing a case study is difficult and time consuming. You need to be sure of how and when to make use of this study method. Below you find some practical tips: what do you have to keep in mind when you decide to use a case study: What do you need to know before you start to draft a case study? 1. Who is your audience? Judges, prosecutors, court staff, experienced participants or beginners? 2. The objectives of the training: a. Which level of knowledge should the participants acquire? b. Which level of skills should the participants acquire? c. Do you want to change the participants behaviour or attitudes? 3. Why do you want a case study: a. Interactive teaching: to start a dialogue with the participants. b. To use throughout your training as a guidance to apply the theory. c. At the end of the training or a part of the training to check if the participants acquired the level of knowledge and skills. How do these aspects influence your preparation of a case study? Ad 1: Audience Depending on the background of your participants you should use a scenario that is familiar to them and that is relevant for their work. Be sure that the factual situation is right and sufficiently detailed. You do not want the facts to be disputed and you do not want the participants to say this never happens to us as we..

Ad 2: Objectives The case study should contain enough concrete elements that allow participants to discuss the case on their level of knowledge. The questions and points of discussion should relate to the contents of the training session. If change of behaviour or attitude is the aim of the case study, be aware that mere theory is often not sufficient: maybe a role play or a moot court is a better way to bring the theory to life. Ad 3: Why you use a case study: a. if you just want to start a dialogue: a short scenario is enough it is not necessary to split up the group in small groups, you can invite the participants to react spontaneously on an individual basis or in small buzz groups questions or discussion points will be short and simple: aiming to provoke an immediate reaction of the participants b. if you want to use it throughout your training: You will need a scenario that covers all elements of your presentation. It is up to you to decide whether you use one scenario that covers it all OR if you start with set of facts and during your training you add elements, related to the subjects you have been teaching. In this situation you can make the participants work in small groups Questions or discussion points allow the participants to reflect on the theory. The concepts should be brought to life. c. at the end of the training: You will need to have questions or discussion points that allow the participants to apply the theory. If you aimed at a change of values/attitude you can use questions that invite open discussion. Participants can work in small groups. If you need to ensure the level of knowledge of each participant the case study will become a test and should either be made on an individual basis or it should be possible to identify the contribution of each trainee to the results of the work of a group. With these elements in mind you can start to work on your case study. There are three main types of case studies that can be used in the judicial training context: 1. Case studies that depict real situations, cases or hearings and which can provide real outcomes that can be compared with proposed solutions. 2. Those that are fictional and in which the author has manufactured the

issues in order to pose problems for discussions and solution. 3. Those that are a combination of both the above, in which the author has taken a real event, made it anonymous to protect confidentiality and embellished it to provide substantial issues for discussion and solution. The third option can provide the most effective case study as it can enable the author to focus on particular issues that the learning outcomes for the course or the sessions seek to address. Such a case study can be updated to maintain its currency as law; procedure or issues change over time. Whereas a fictional case study cannot have a real solution, it can be used to heighten awareness, pose potential issues of law, case management or equal treatment and create a useful context for discussion of possible solutions, courses of action or difficulties. The format of the case study may be either: A hypothetical scenario for discussion by the group. A set of case papers that provide trainees with the kind of material and evidence they would normally work on in their jurisdiction, with authentic forms, standard letters and file covers. A video or DVD to be watched in its entirety or to be stopped at appropriate moments for discussion or questions posed or issues raised. Presented in whole or in part as role play, with participants being given parts as people in the case and asked to act as that character with discussion and analysis during or at the end of the role play. Where to find your material: 1. Real situations: examples/cases out of the trainers practice as judge/prosecutor, case law of colleagues or higher courts, or: 2. Judgments of the European Court of Human Rights: a judgment provides a scenario, the relevant human rights issues and the answers! You can also find the documents of European Court cases on the website of the European Court! 3. Newspapers/ Magazines: Articles on human rights violations can often be used to create a case study. For example: fight against terrorism/security measures. What to do with the material: 1. Depending on how you want to use your case study you make a summary of facts/a scenario that fits into your needs (not too long or too short. Sufficient details to be clear). 2. Formulate questions and/or discussion points 3. Prepare the answers in advance!

To keep in mind when you work with small groups: 1. Give groups enough time. 2. Give groups the opportunity to debrief: have rapporteurs to report to the group the findings of the small groups. Be aware that this might become boring for the participants if too many groups worked on the same case study: they will have to listen to the same story too many times. If this is the case, tell the rapporteurs only to add new elements and not to repeat what already has been said. 3. Tell the groups in advance that they have to appoint a rapporteur. 4. Ensure that all participants in the small groups contribute to the discussion. If they dont, enter into the discussion and try to stimulate the silent participants to become more active. But: step in when necessary but let the participants apply their knowledge: dont take over the discussion! 5. Make the groups not too big; 3 or 4 participants is the maximum 6. Make sure that the meeting room and materials (white boards, flipcharts) allow you to do what you do.

6.6 Running a role- play or a moot court

The use of role play and/or mooting brings an element of practical application to courses. It is a training technique that either demonstrates the theory or that helps the trainees to put in practice what they learned and to find proof: does the theory work as supposed. These techniques have many advantages: this type of group work involves co-operative group work and collective formulation of strategies. It plays out realistic situations, and brings concepts to life But there are certain important qualifications! Trainers must ensure they have addressed the following checklist of issues: Careful briefing is essential. What is the specific task? Realistic time limits are needed: too short, and the group will get frustrated; too long, and the group will become bored. Ensure all members of the group are involved: there is a danger of the passenger (and of the type of behaviour exhibited in groups discussed above). Encourage division of labour: the task may be too large for the time allocated, and splitting the task up may encourage more involvement (and reduce the problem of the passenger). Consider the role of the tutor: this should be to step in as and when required after it is clear that the group knows what is expected of it. Back off let the group apply its knowledge! Debriefing (or feedback): how will this be done? Is the court judgment (in

the case of a moot) the end or will more detailed comment from a trainer be required? Feedback is essential in this exercise: the trainees tried to apply new theory and need feedback in order to know how they have done. Ensure that the feedback is constructive, objective, concrete and specific. Dont overdo! Feedback is two way communication: allow the trainee to debrief: let him/her tell if he/she is satisfied, what was significant for them, barriers to apply what they learned and how they felt during the role play/moot court. Be aware that a role play or moot court could be a stressful event for the trainee: he/she might feel exposed to the regards of others. Even more so when they are in a group with peers: they risk to make mistakes and loose face in front of others.

Role play or simulation thus strengthens the use of collaborative group work through playing out realistic situations based upon training work. This brings concepts to life by acting out situations they seek to describe. Some ideas for role play 1. Ask trainees to draft a document encapsulating human rights standards in practice for their/ another organisation (e.g., standing orders on the interrogation). 2. Allocate different roles to members of a group (e.g., victim of police assault; prosecutor; supervising police officer; police officers inflicting the assault, judge). 3. Use actors to present a scenario (drama students could find such an exercise interesting!) which then can be discussed in group: such is especially useful to deal with issues related to attitudes and values.

6.7 Writing a role play/moot problem

The use of a moot problem or role play is of considerable value in human rights training. But writing a problem is not always easy, and care needs to be taken. The best moot problems have legal issues which are arguable either way, and thus the outcome may be open to real deliberation with (in the case of a moot court) equally important authorities supporting each line of argument on the part of the court. The tasks can be allocated to three groups; the individual victim, the state respondent (e.g., prosecutor or government) and the court. Writing a good moot problem is difficult and time consuming. It requires detailed knowledge of the relevant human rights law standards or of contemporary practice to ensure that contentious issues are identified. If you are writing as an international expert for a non-domestic audience, try to involve a local expert to ensure you have a firm grasp of domestic law and practice.

In writing a moot problem: 1. The scenario should be familiar to the trainees either from personal experience or from earlier training sessions. 2. The scenario needs to describe the various individuals and the various factual situations with sufficient detail. The facts should be unambiguously stated as the facts may not be disputed. Teams must be able to avoid saying 'We do not know from these facts whether...' 3. There should be enough distinct, clearly stated, and equally arguable points of law to keep members of the group busy, but avoid having too ambitious a set of issues in the time available. Encourage groups to divide their preparation work. 4. In general, the problem areas should be legal rather than procedural. 5. Expect teams to cite relevant legal instruments or case law to support their arguments. Reason and logic, and policy arguments, also have their place: but trainees should be expected to argue primarily from authority then to adopt other arguments. 6. Brief those to speak to approach the legal issues systematically. 7. Be sure to clarify standards or tests the courts use when deciding certain types of legal issues (particularly under the European Convention on Human Rights). 8. Use other case law that supports your point or provides a standard for the court to follow (try to use the facts in the moot case to show how your legal argument is similar to other reported cases), but do not go into an extended discussion of these cases. 9. Make any necessary supporting policy arguments about how the legal test should be. 10. If the team is seen as the respondent side in the moot case, ensure it tries to respond to the arguments advanced by the other team.

6.8 Conducting a report back session in plenary

Plenary sessions provide an opportunity for groups to report-back to others. This is an important aspect of group work: it allows review of the activity, identification of different viewpoints, and an opportunity for others to share ideas. The problem for the trainer is an obvious one: the reporting-back may throw up responses and attitudes which may be contrary to those which the trainer intended. Be aware, then, of arriving at conclusions which you have arrived at in advance if the temptation is to correct or otherwise reinterpret group feedback, trainees may feel that their contribution is not valued and may feel frustrated by the exercise. An alternative approach (once feedback is given) is to try to engage critically with the ideas presented through seeking responses from other members of the audience or other groups.

Another difficulty is in ensuring that the reporting-back accurately reflects the groups views, rather than the views of the spokesperson for the group. Use of a flipchart and pen or of chalk and a blackboard during group deliberations will avoid this danger as long as what is being recorded is indeed group conclusions. There are thus three important steps in ensuring report-back is constructive: 1. Brief groups in advance that there will be a plenary report-back session, and that each group should appoint a rapporteur whose job it will be to report (within a given timescale) on the groups conclusions. 2. Help each group to record accurately the groups views and conclusions, preferably by means of a flipchart 3. Once reporting-back has taken place, ensure that the trainer leading the plenary is able to stimulate discussion and critical reflection on the coherence of the views and the quality of the evidence adduced in support (for example, in respect of relevant case law or legal human rights instruments). Also after a moot court (and after the court composed of trainees has given its judgment), there should be time for feedback from trainers. This debriefing is a vital part of the exercise if trainees are to gain the most from the exercise. Trainers may wish to focus upon the arguments raised and the approach adopted by the court, and thereafter (after again emphasising that participants are no longer to be seen as involved in role-play but are now trainees that is, after taking the trainees out of role) upon any issue which appears to have caused difficulty through lack of comprehension or uncertainty in outcome.

6.9 Presentations
6.9.1 Introduction
Presentations are likely to feature along with group work as the two principal training methods in human rights education. They can involve a number of variations on a common theme: a presentation to a large group (or plenary group) of participants. They may or may not also be followed up by the opportunity for discussion if this is not envisaged as part of the presentation, there should be adequate opportunity to ask questions at some stage of the training thereafter (for example, in small groups), but as participation is an important feature in ensuring the success of training, it is much better that adequate time is set aside for discussion with the speakers immediately after the presentations, both to allow uncertainties or confusions to be clarified, and also to guard against any danger of mere didactic teaching (i.e. spoon-feeding of material without the participation of trainees). These notes should help in

structuring and making presentations.

In human rights education, presentations can be used in a variety of situations and for a variety of tasks: e.g. Lecture e.g. from an expert or leading practitioner such as a judge. lecture followed by open discussion (or lecture with the opportunity to intervene during presentation); as above, with the active involvement of the audience. short presentations from panel members followed by panel discussion (and with the opportunity to respond to questions from the audience) permitting a comparative or interdisciplinary approach to the topic under discussion. short presentations from groups on allocated tasks, thus allowing identification of contrasting or novel approaches to a topic. But beware! The use of the formal presentation carries with it the considerable risks discussed below. Lectures in particular should be the exception rather than the norm. In many training situations, lectures have been discontinued or at least, dramatically reduced to situations where they are likely to have a real impact. Short presentations from a panel can become a series of unconnected short lectures: interaction between the members of the panel is absolutely necessary, and is best achieved through the use of a moderator able to stimulate debate among members of the panel.

6.9.2 Oral Presentations

6.9.2.1 Particular difficulties in oral presentation

Why making a formal oral presentation can be an ordeal for the speaker and for the audience. We need to be aware of particular difficulties in making a presentation 9: The immediacy of speech is striking: unlike a writer, a speaker cannot score out and redraft a sentence or passage. The listener cannot reread a section if he didnt understand it or wasnt paying attention, nor can he put the information aside to read later if he is tired or bored. He is usually required (at least out of politeness) to remain until the speaker has finished and so may convey his inattention instead by, for example, fidgeting, whispering to his neighbour, or even falling asleep all of which can be very off9

Taken from materials prepared by A McHarg, University of Glasgow, in Key Skills for Law Students (School of law, 2005).

putting for the speaker. When giving longer presentations, there are particular difficulties as most peoples maximum attention span is only around 20 minutes. Oral communication is much more personal: in any face-to-face encounter, we all make judgments about the people with whom we are communicating, which are not limited to evaluating the quality of their arguments or the elegance of their writing style. Moreover, our initial impressions are formed very quickly and can take a long time to alter subsequently. What this means is that there is a good deal of pressure on those giving formal speeches to make a good impression by saying what they mean first time, in a tone and language that their audience can understand, and to hold the audiences attention throughout the speech. The latter does not mean that you have to tell jokes if you dont have natural comic timing, this is generally best avoided. You should, however, attempt to convey your material in as engaging a manner as possible which has implications both for what you say (for example, choosing illustrations of your points that are relevant to your audience) and for the way in which you say it (mumbling quietly in a monotone is guaranteed to lose your audience). Ironically, if you respond to your feeling of vulnerability by rushing through your speech to get it over with as quickly as possible and/or by downplaying your personality in an attempt to minimise its exposure to criticism (for example, by reading from a text or avoiding all eye contact), you will only make things worse. In short, a good oral presentation involves an element of performance; if you appear comfortable and confident, your audience is likely to feel comfortable and have confidence in you.

6.9.2.2 Preparation and content

It is surprising how little you can actually say in your allotted time. In five minutes, it is really not possible to convey more than one major idea and three or four points to support it. This puts a high premium on being able to select the most important information about a topic, to explain it as simply as possible, and exclude anything that is irrelevant. No matter how short your presentation, thorough preparation on the topic is important for a number of reasons. First, it will give you greater confidence if you know that you really understand what you are talking about. Secondly, it will make it easier to handle any questions that arise from what you have said. Thirdly, it will probably become obvious to your listeners if you dont really understand your subject, with the result that they lose respect for you and cease to pay attention. In fact, having to explain something to other people is one of the best ways of ensuring that you understand it properly yourself.

You need to decide exactly what you are going to say. Here it is important to start by working out what your audience will expect from you. The composition of your audience is also important in determining how formal or informal your presentation should be. Have a clear and logical structure. If you dont, your audience will get lost and lose interest. You should have an introduction, a main body and a conclusion. In the introduction, you should tell the audience what you are going to be talking about, perhaps posing a question that you intend to answer. In the main body, you should expand on your topic, breaking down the discussion into a number of sub-topics that follow logically from one another. For example, if you have to define any terms, this logically comes before you go onto to discuss their significance. Finally, what you say in conclusion will depend on exactly what you are setting out to achieve. If you are simply describing something, then a summary of the main points should suffice. If you are trying to make a case for something, on the other hand, then a restatement of your main argument, or answering the question that you posed at the outset, might be more appropriate. In addition to having a clear structure, you also have to signal that structure to your audience. This is particularly important in allowing anyone whose attention has wandered to rejoin the presentation and still make sense of it. In an oral presentation, this job has to be performed by the words you use, together with the way in which you deliver them. You might want to say, for example, the first point I want to make is , in this section Im going to talk about , in conclusion . Similarly, pauses between points, or gestures, such as holding up one finger for your first point, two for your second, and so on, can help emphasise important links. It is very important to get the timing right because other people may be relying on you talking for a particular length of time and no more or less. Moreover, if you go on for longer than expected, your audience may begin to lose patience. The only way to really be sure that you have got the length right is to time yourself delivering your speech (speaking it out loud, not just reading it to yourself). If it is too long, you must cut something out; it wont make for a good presentation simply to speak faster. In fact, you should probably aim for your presentation to be marginally shorter than the allotted time because it is quite likely that, on the day, you will embroider or depart from your prepared speech to some extent.

6.9.2.3 Delivery
The way you deliver a presentation is as, if not more, important than what you say: you first need to consider the mode of delivery that you are going to employ. What sort of prompts are you going to use? What visual aids might be helpful? Will you be sitting or standing? What kind of gestures should you use?

Some form of prompt is usually necessary: are you going to read from a preprepared text or else speak from notes written on cue cards? The major advantage of speaking from notes is that it sounds more natural than reading a text and it is easier to maintain eye contact with the audience because you dont have to look down at your text constantly. Consider how you sound when giving your presentation (including your speed, volume, enunciation and tone). Getting your speed right is not only important for ensuring that you stick to your time limit. If you speak too quickly, the audience wont be able to keep up with you; if youre too slow you are likely to bore them. Nevertheless, the appropriate speed will vary depending upon, for example, whether or not your listeners are expecting to take notes, whether they are listening to a speech in their native language, and the familiarity or complexity of the issues you are talking about. Again, the appropriate volume will vary depending upon the size of the room you are speaking in and how good its acoustics are; its always worth asking the audience whether they can actually hear you. If you cant make yourself heard without shouting, you should ask to use a microphone, otherwise your voice will sound strained. Also be aware of the tone of your voice. When people are giving presentations (particularly if they are reading from a text), they often sound much more monotonous (and hence more boring) than they do when having an everyday conversation, when in order to keep your audiences attention it is probably necessary to sound more animated and to use greater vocal variety than you would normally.

6.9.2.4 Interpretation
Presenters should also be aware of the difficulties facing interpreters. Bear in mind the following: If presenting a paper (or at least if following a script), give a copy to the interpreters well in advance if you skip through the text and miss out pages, tell the interpreters where you are in your text. If interpretation is consecutive, keep your sentences short and pointed: longwinded elaborations will lose both the interpreters and yourself. If interpretation is simultaneous, be sensitive to whether you are going too fast: pause every so often to ensure you are not too far ahead of the interpreters (you should be readily aware as to whether interpretation is still proceeding). Watch out for jokes remember that the audience will get the humour well into your next point.

6.9.2.5 Checklist for a good oral presentation

You should record your own views on your performance (or get a colleague to do this): Could the speaker be heard from the back of the room?

Was eye contact continually used to involve the audience? Were audio-visual aids used appropriately? Was material written on blackboards or on overhead projectors visible from all parts of the room? Did the lecturer make appropriate use of any handouts? Was the lecturer fluent verbally? Did the lecturer vary intonation? Was the material well-organised? Did the lecturer appear well prepared? Was the audience clear as to the aims and intended learning outcomes of the presentation? Were key points adequately signalled? Was the pace of the lecture appropriate for the audience? Was the level of the lecture appropriate for the audience? Were the examples apt and interesting? Was the interest of the audience engaged throughout? Was the accommodation suitable for effective training? Approximately what percentage of the course was present?

6.10 Pre course tasks for the participants

In general it would be advisable to provide participants in a training activity in advance with some materials that will be used in the course or that give some background information on the topic. Either standard (legal) literature can be used (handbooks) or a reader, consisting of for example articles from professional magazines or relevant case law. Trainees can be asked to read these materials in advance, to have some basic knowledge at the start of the course. It saves time and it makes it possible to start from a more advanced level. This technique can also be used to ask trainees to identify relevant issues in their daily work: the trainer can invite the trainees to bring (or send in advance) real cases in which relevant issues are at stake. These cases can be used during the training event. Using this technique ensures that the trainee is from the start (or even before the official start of the training event) actively involved in identifying relevant issues which enlarges his/her awareness of the relevance of the topic for his/her daily work. A case study can also be send in advance to the trainee, to be answered either before the course starts or to be discussed during the course. As far as the case study is expected to be answered before the course takes place it should not so much seek to discuss the theory but to explore in advance issues relevant to daily work, possible problems and existing questions.

8. Feedback and evaluation

8.1 Introduction
After a training activity you would like to assess the effectiveness of the course and identify future training needs. You need to collect information from all stake holders (trainers, trainees, and institute) to evaluate. However, the process of evaluation is a difficult one: all participants will have their own point of view. The needs and expectations of the trainees are not all the same; what is very much appreciated by one will be a disappointment for an other. It is important to use tools that will ensure that you collect objective data as much as possible and that these data are relevant to your evaluation.

In this section, we will discuss:

giving feedback to trainees helping trainees provide feedback on the quality of the training provided how to assess whether the training has been effective identifying future training needs of trainees

8.2 Why seek feedback?

There are different reasons for ensuring that feedback is given both from trainees to trainers, and from trainers to trainees. Trainers (and the training institute) need to know if their intended learning outcomes have been met (i.e. whether the training was effective) and need to be able to identify future training needs of trainees (i.e. if an intended outcome was not met, and how to determine what should be provided in the next round of training). From a personal standpoint (as trainers are themselves concerned to improve their own performances as trainees), trainers will want to know what trainees thought of their performance in plenary and group sessions. Trainees also need assistance with identifying whether they have met the intended learning outcomes of the training. If these have not been met, the responsibility for the lack of success may lie with the trainers, but the individual trainee thereafter shares a different responsibility for trying to identify ways in which the deficit between outcome and intention can be met. In other words, the trainee should be asking: what can I do to make good the shortfall, assuming that satisfaction of these outcomes is regarded as necessary for the proper discharge of my job as judge, prosecutor, etc. In both situations, the learning cycle is very much relevant. The learning cycle 10 illustrates the incremental nature of learning and the place of training, and the shared responsibility between trainers and trainees for taking responsibility for their own learning and advancing their professional conduct.

Hinett, K, Developing Reflective Practice in Legal Education (UK Centre for Legal Education, 2002)

10

Taking stock: What do I know? (individual)

Planning: how can I take my learning further? (developmental)

Reflection: what do I need to know? (contextual)

Feedback and Evaluation: how much and how well do I now understand? (relational)

8.3 Giving feedback to trainees

Giving effective feedback is an important task of a trainer. Giving feedback may be appropriate in a number of situations: Knowledge: after group reporting-back to plenary session on their conclusions on, e.g. a case study or problem or after arguments in a moot court when the trainer must address how much did the trainees understand and were they able to apply their knowledge. Skills: after an exercise designed to assess the application of new skills (for example, how to conduct a fair trial which respects human rights) here, the trainer is essentially concerned to give feedback on the impact of training on performance. In all of this, the principal aim is to enable the trainee to improve their performance. The trainee should first be given the chance to evaluate their own performance. The feedback should be specific, not general try to use specific examples from the trainees performance. It should relate to the performance, not the trainees personality it should thus be given in neutral and objective terms. The amount of feedback should be manageable three or four points as a maximum, and

there should be a balance between positive comment and constructive criticism. Giving feedback should be a continuous process. There is ample opportunity for comment from trainers to be given at various stages of training (for example, after a report-back from a group; at the end of a moot exercise; or as part of audience interaction in plenary session). Wherever possible, try to relate the feedback to specific intended learning outcomes.

8.4 Giving feedback to trainers and training institutes

The learning cycle is equally applicable to trainers. Trainers have been encouraged to reflect on their own performance as speakers or as small-group facilitators but feedback from the trainees themselves is now an accepted and vital part of training. Not to offer the audience the chance to give feedback suggests a lack of professional interest in training. To be effective, audience feedback should follow the following basic principles: trainees should be told why the feedback is being sought: to improve the quality of future training as well as to assess the success of the training just presented the feedback should be anonymous adequate time should be set aside at the end of the course to allow the feedback to be completed never simply ask for feedback to be completed and returned in the trainees own time questions need to be designed to elicit useful responses the questions asked should relate both to the performance of the trainers and to the perceived relevance or success of the training. What feedback do trainers need? Trainees should be invited to give their responses to issues such as: The trainees interest in the topics selected for consideration. The perceived relevance of the topics for trainees professional work. The organisational aspects of the training (venue, timing, etc). The value and quality of the prepared materials circulated. The quality of the contributions by experts or trainers (in respect of plenary sessions) and of small-group work (including the role of the tutor). The range and variety and suitability of training methods adopted (including plenary presentation or debate, small-group work, moot court exercise, etc).

8.5 Identifying future training needs

Trainees should see training as only one aspect (albeit the most important) of their job. The training loop above suggests that learning is a structured and supported process. In the context of judicial or other professional training, getting trainees to recognise that they have a responsibility to reflect upon their own learning and performance and to plan for their future personal and professional development is important. But such an idea may be a difficult one to communicate as it essentially involves an attitudinal shift in an employment culture which may not always perceive the importance of continuing professional development. The ultimate aim is to improve the capacity of individuals to understand what and how they are learning, and to review and take responsibility for their own learning. Trainees should become effective, independent and confident selfdirected learners. Trainers should be encouraged to help trainees identify and to articulate future training needs. To this end, some assistance is needed to help trainees: 1. Identify the extent to which the current intended learning outcomes have been met by reviewing these briefly at the end of the training. If certain intended outcomes have not been realised, the implication is that there is already an identified future training need. 2. Seek to elicit ideas or suggestions for future training in this way, trainers may gain some insight into what the audience considers may be relevant in further training (thus stressing again the importance of projecting the message that training is tailor-made for specific audiences). These two responses can be sought in different ways: through course evaluation forms, end-of-course conclusion, small-group discussion, or even informally during breaks. Much of this requires of necessity to be undertaken by trainers themselves. It is crucial to this end that time is set aside at the end of the training event for an evaluation exercise by the training team. This can occur immediately at the end of the event (as long as the trainees evaluation responses can be collated quickly), but may be better left until a later date (but not so late after the training that trainers impressions have faded). Trainers need to consider: The evaluation forms received from the trainees. The views of the trainers (and outside experts) on whether (or to what extent) intended learning outcomes were met. The trainees themselves: their attitude, level of participation, assumed

knowledge. Organisational aspects (timing, venue, availability of small-group rooms, etc). The programme (including variety and balance of training methods). Identification of future training needs.

In all of this, two questions (following upon the training loop, above) are relevant: What went well (and why); and What improvements could have been made (and how)

8.6 Disseminating the lessons from training

Trainers should also consider the extent to which is it possible to expand the lessons gained from the training. This aspect is often neglected: human, material and economic resources spent in training are generally considerable, and it is important to find ways of enlarging the positive impact of these resources. Think about the following: Are the trainees expected (or being encouraged) to disseminate the lessons gained from the training? This can be made a specific intended outcome of the training but if so, you may have to pay particular attention to the question whether selection of trainees should reflect their perceived potential as trainers, and the training programme will have to include sessions on the planning and delivery of training by the trainees in their own localities. Can the resources be collated and made available after the training? Invite trainees to make available to their colleagues the materials presented. Could talks from trainers/experts be taped (or even videoed) and copied? Could the materials be made available on a website? Would it be valuable to try to establish some form of resource centre by asking participants to supply materials which could be used in future training activities? Should trainees be encouraged to contact the training team in the event that they have further questions or need for clarification of issues raised? This could also allow trainers to identify points which require to be emphasised in future training. Trainers, too, may wish to disseminate views and lessons on training: essentially, what went well and what did not work well and in both cases, why. Particularly if a training package is being developed for general use by others, refinements in programme, methods or choice of small-group case study may be appropriate: and it is better to try to avoid repeating past mistakes than recreating them.