| Mediation in Fiscal Year 2005
In fiscal year 2005, OPC mediated 19 complaints, bringing the total number of complaints mediated to 96. Seventy-three of the mediation sessions (or 76%) were successful and resulted in an agreement between the complainant and the subject officer. Twenty-three of the sessions (or 24%) did not result in an agreement, and the underlying complaints were referred back to the executive director for appropriate action. To date, mediators have helped resolve complaints that allege harassment, the use of language or conduct that is insulting, demeaning, or humiliating, discrimination, the use of unnecessary or excessive force, or a combination of the four.
In addition to the statistical success rate, survey results indicate that the program has been well received. A survey of the participants in mediation indicates that the overwhelming majority of complainants and subject officers who responded to the survey found the mediator to be helpful or very helpful, the mediation session to be satisfactory or very satisfactory, and the resulting agreement to be fair or very fair. In addition, 43% of the respondents left their mediation session with more positive feelings about the other party, while only 10% had more negative feelings, and 46% indicated no change in their feelings. Finally, OPC is proactively taking steps to protect the integrity of the mediation process by dismissing complaints and pursuing discipline of officers when one of the parties fails to appear for mediation or refuses to participate in the mediation process in good faith.
OPC has been very pleased with the success of the mediation program, and plans to continue to use it regularly. The agency tries to identify and refer as many complaints as possible that are suitable for mediation, and despite the decline in the number of complaints mediated in fiscal year 2005, OPC is aiming to increase that number back to the level achieved in fiscal year 2004 or higher. As part of its effort, the agency will continue to work to minimize the number of complainants who decline to participate in the mediation process altogether by ensuring that they get better information about the process and are encouraged to take part.
As an illustration of the types of complaints that were referred to mediation in fiscal year 2005, the following are three examples that describe the complaint and the mediation session:
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