Document of Interest Provided By Councilmember Hamann on Civilian Review Boards

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C HAPTER 3: OTHER O VERSIGHT R ESPONSIBILITIES 74 Exhibit 3–2 lists the program’s mediation rules. As shown, the mediation proceedings are confidential except that the Minneapolis Mediation Program may inform CRA and the police department whether the parties met and reached agreement. Minnesota statute prohibits using mediation discussions and documents in subsequent legal or administrative proceedings. Exhibit 3–3 is a copy of the form the parties sign. Two “terms of the agreement” that participants actually signed follow: • “Both parties agreed that the dialogue was helpful in allowing them to understand each other’s experiences and viewpoints.” • “The officer is sorry that the incident occurred and caused ____ embarrassment. . . . ____ acknowledges that the officer made the best decision possible with the information available on the scene.” Occasionally, a participant agrees to followup action: “Resources provided by [the complainant] will be forwarded to the Minneapolis Police training unit Room 204 City Hall for training/treatment of hypoglycemic diabetes with recommendation they be included in officer training.” One officer agreed to attend a cultural diversity course. Because there was no course available in the community, he attended the cultural diversity session the Minneapolis Mediation Program was running for its own volunteers. One complainant agreed to go on a ride-along. Rochester. In 1984, a Rochester City Council member suggested that the Civilian Review Board (CRB) provide a conciliation option in an effort to help build positive relations between officers and citizens. Eight types of complaints are eligible for conciliation, such as “failure to take what complainant perceives was appropriate action.” Cases involving allegations of use of excessive force are not eligible for conciliation. CRB’s parent agency, the Center for Dispute Settlement, has a pool of certified mediators it can tap for all its mediation components (e.g., victim-offender reconcilia- tion). For mediating citizen complaints against the police, the agency chooses a mediator from among a subgroup who have participated in a 1-day extra training session on police conciliation. The conciliation sessions are no different than traditional mediation sessions except that there is no written consent agreement between the parties at the end of a conciliation. At the end of the session, CRB sends a letter to internal affairs indicating, if the mediation was successful, that the case is closed and no investigation is needed. If the ses- sion was not successful, the letter informs IA whether the complainant still wishes to have the complaint investigat- ed. In 1997, three of the four conciliations were successful. Of five conciliations conducted from January through September 1998, two were resolved, one was unresolved, and in two the complainant or officer did not appear. Potential benefits of mediation As summarized in exhibit 3–4, mediation can benefit everyone involved. Potential benefits to citizens • Mediation may encourage some citizens to file com- plaints who would otherwise be reluctant to come forward. USING MEDIATOR TEAMS HAS ADVANTAGES Because two mediators facilitate every session in Minneapolis: • There are always a man and woman mediator present. • They can share perceptions about what is taking place and how to proceed. • They can learn different mediation styles from each other. • One mediator can pick up on verbal and behavioral cues the other may have missed. • They can brainstorm on possible solutions when mediation reaches an impasse. • They can debrief together afterward.