Mediation in Fiscal Year 2004
In fiscal year 2004, the Office of Police Complaints (OPC) mediated 31 complaints, bringing the total number of complaints mediated to 77. Sixty of the mediation sessions (or 78%) were successful and resulted in an agreement between the complainant and the subject officer. Seventeen of the sessions (or 22%) 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; discrimination; or a combination of the three.
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, 42% of the respondents left their mediation session with more positive feelings about the other party, while only 11% had more negative feelings, and 47% 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 number of complaints referred to mediation has steadily grown over the four years OPC has been open from 19 in fiscal year 2001 to 55 in fiscal year 2004. However, OPC has also seen growth in the number of complainants who decline to participate in the mediation process altogether. Consequently, during fiscal year 2005, OPC plans to conduct a complete review of the process, and to update all of its informational materials about mediation. OPC hopes that having better information available, and ensuring that it is provided to participants, will encourage people to take part in the process and help reduce the number of instances where complainants refuse to participate.
As an illustration of the types of complaints that were mediated in fiscal year 2004, the following are three examples that describe the complaint and the mediation session:
