In fiscal year 2003, OCCR mediated 21 complaints, bringing the total number of complaints mediated to 46. Thirty-five of the mediation sessions (or 76%) were successful and resulted in an agreement between the complainant and the subject officer. Eleven of the sessions (or 24%) were unsuccessful, 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, or a combination of both.

 

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, over one-third of the respondents left their mediation session with more positive feelings about the other party, while only 11% had more negative feelings, and 52% indicated no change in their feelings. Finally, OCCR 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.

 

OCCR has been very pleased with the success of the mediation program, and plans to continue to use it regularly. The number of complaints referred to mediation has steadily grown over the three years OCCR has been open from 19 in fiscal year 2001 to 28 in fiscal year 2002 to 31 in fiscal year 2003. For fiscal year 2004, OCCR aims to continue the growth in complaints referred to mediation, and to seek out new and different ways to use the mediation program, like the situation described in the first mediation example below.

 

As an illustration of the type of complaints that were mediated in fiscal year 2003, following are two examples that describe the complaint and the mediation session: