Information about mediation
Mediation is an efficient and effective alternative dispute resolution process that the Office of Police Complaints selects for some of the complaints filed with the agency. It involves a confidential, face-to-face meeting between the complainant and the subject officer that is guided by a neutral third party who is trained to conduct mediation.The goal of mediation is for the parties to work together to reach a mutually-agreeable resolution of the complaint.People often have questions about mediation. Following are several frequently asked questions.
Participation in the mediation process
Yes, you have to participate in the mediation process. Both the complainant and the subject officer must participate in good faith in the mediation process. Failure of the complainant to participate in good faith may lead to dismissal of the complaint. Failure of the subject officer to participate in good faith may lead to discipline for the failure to participate.
Reaching an agreement to resolves the complaint
You don't have to reach an agreement that resolves the complaint. Although both parties are required to participate in good faith in the process, all agreements are totally voluntary and must be agreed to by both parties. Failure to reach an agreement has no impact on any later consideration of the complaint.
Eligibility for participation in mediation
Witnesses, lawyers, or any other people don't participate in the mediation process, except in a limited number of cases. The only time that other people may participate in a mediation session is when the mediator determines, in his or her discretion, that the other person’s participation is required for a fair and expeditious mediation of the complaint. As a result, the participation of other people is very rarely allowed, so anyone who accompanies a complainant or subject officer to the mediation session waits outside the mediation room. Generally other people are not needed. Mediation is not like a hearing or a trial that requires witnesses and where a judge determines innocence or guilt. It is an opportunity for the parties to a complaint to attempt to work out their differences with the assistance of a neutral third party.
Something I said in mediation be used against me later?
The accused officer and the citizen complaint are required to attend mediation if the executive director of the Office of Police Complaints has referred the matter to mediation. If an officer refuses to attend the mediation session, the Chief of Police has the authority to discipline the officer simply for refusing to participate. If a complainant refuses to attend the mediation session, the complaint can be dismissed. However, neither the citizen nor the officer is required to reach an agreement during mediation.
Limitation on the types of agreements the parties can reach
Each agreement resolves the underlying complaint, so it is up to the parties to discuss and determine what they think is appropriate to resolve the complaint.
In many cases, after the parties have had a chance to explain their perspective on the events that led to the complaint, and hear from the other party, the increased understanding they have gained is sufficient to resolve the complaint.
Other times, agreements have included apologies by the complainant, the subject officer, or both parties, a promise by the officer to take sensitivity training, a promise by the complainant to seek driver training, plans for the subject officer to take the complainant on a ride along so they can learn more about the process of policing, or other specific steps that either correct the harm caused by the incident or help prevent similar incidents from occurring in the future.
The terms of an agreement are limited only by the creativity of the parties.
Training for Mediators
The Office of Police Complaints' mediation program is administered by the Community Dispute Resolution Center (CDRC), and are conducted by a pool of well-trained, experienced, and diverse mediators. Mediators may work individually or in pairs.
Each mediator is trained to serve as an impartial third party who helps the parties talk through and resolve their differences. Mediators fulfill this role by listening to both sides of the story, asking questions to clarify what happened and identify central issues, and helping keep the discussion non-threatening and productive.
When mediation process is not successful
Complaints that are not successfully resolved through mediation must still be resolved by the Office of Police Complaints . These complaints are referred back to the Office of Police Complaints where they will be referred to a complaint examiner if the investigation is already complete, further investigated, or dismissed.
Duration of mediation session
It depends. Sessions typically last a couple hours, but they can be as short as one hour or can involve multiple sessions depending on what the parties and mediator agree is appropriate.
Translation assistance during mediation
The Office of Police Complaints will provide a translator to assist non-English-speaking individuals during a mediation session.
Cost of mediation process
There is a cost for mediation, but it is paid by the Office of Police Complaints .
Venue for mediation session
Mediation sessions are currently conducted the Office of Police Complaints’ office located at 1400 I Street, NW, Suite 700, Washington, DC 20005.
Other questions about mediation
Please contact the Office of Police Complaints at (202) 727-3838.