Section 6-A2113. MEDIATION OF COMPLAINTS

 

2113.1The Office may refer appropriate complaints to mediation as an alternative to the Office's other dispute resolution methods. Mediation is a way for the complainant and the subject officer to meet face-to-face with a neutral third party in an attempt to resolve their differences. The Office shall be permitted to contract for mediation services.

 

2113.2If the Executive Director refers the complaint to mediation, the complainant and the subject officer shall be notified in writing about the time, date and location of the mediation session. The mediator shall be chosen from a pool of persons selected by the Executive Director and approved by the Board, taking into account the factors set forth in D.C. Official Code § 5-1106(c).

 

2113.3Once the matter has been referred to mediation, if the complainant fails to participate in good faith in the mediation process, the Executive Director can dismiss the complaint or refer it to conciliation, investigation or to a complaint examiner for adjudication of the merits if the Executive Director determines that further investigation is unnecessary.

 

2113.4If the subject officer refuses to participate in good faith in the mediation process, such refusal or failure shall result in the institution of appropriate disciplinary action by the Chief of Police. In addition, the Executive Director shall refer the complaint for investigation by the Office, or may refer the complaint for adjudication if further investigation is deemed unnecessary.

 

2113.5The mediation session will involve the complainant, the subject officer, the mediator and an interpreter, if requested. In the case of a minor or incompetent adult, a parent, legal guardian or personal representative must be present. In appropriate cases arising from the same set of facts, more than one complainant and more than one subject officer may be asked to participate in the same mediation session. If deemed appropriate by the Executive Director, the supervisor of the subject officer can also be invited to participate in the mediation session, although the supervisor cannot be compelled to participate. No other person may be present or participate in mediation sessions, except as determined by the mediator to be required for a fair and expeditious mediation of the complaint.

 

2113.6No oral or written statement made during the mediation process may be used by the Office or the MPD or the covered law enforcement agency as a basis for any discipline or recommended discipline of any subject officer or officers, nor in any civil or criminal litigation, except as otherwise provided by the rules of court or the rules of evidence.

 

2113.7The parties, their attorneys, representatives and mediators shall not disclose to anyone oral or written statements made during the mediation session for any reason, including any statements made or documents prepared for the mediation procedure by any party, attorney or representative for any party or other participant. Parties who attend mediation sessions will be required to sign a confidentiality agreement submitting to these terms. The parties may agree in writing that a mediation agreement shall not be a public document and shall not be available to the public.

 

2113.8The parties shall not subpoena the mediator, or documents or records submitted to the mediator, for any later judicial or administrative proceedings related to the dispute, and the mediator shall not voluntarily testify on behalf of any party at any subsequent proceeding.

 

2113.9The mediation session(s) will continue as long as the mediator believes it may result in the resolution of the complaint, except that it may not extend beyond thirty (30) days from the date of the initial mediation session without the approval of the Executive Director.

 

2113.10The Executive Director shall not refer a complaint to mediation involving a subject officer who has either participated in mediation for similar alleged misconduct within the previous twelve (12) months or where a complaint examiner has within the previous 12 months sustained a complaint against the subject officer for similar alleged misconduct.

 

2113.11If mediation is successful, resolution of the complaint shall be evidenced by a written agreement signed by the mediator, the complainant and the subject officer, and may provide for oral apologies or assurances, written undertakings, or any other terms satisfactory to the parties. However, the subject officer may only provide assurances or agree to undertakings that are within his or her control and cannot bind the Chief of Police, the MPD or the covered law enforcement agency as part of any mediation agreement.

 

2113.12The mediator shall provide copies of the mediation agreement to the parties and the Office. The Office shall place a copy of the mediation agreement in the complaint file and shall forward a copy of the mediation agreement to the Chief of Police for monitoring of the subject officer's compliance with the terms of any agreement reached after mediation. Alternatively, the Chief of Police may delegate to the Office the task of ensuring the subject officer's compliance.

 

2113.13If a party fails to abide by the mediation agreement, the aggrieved party may contact the Office which, if it finds a violation, may take such action as is authorized by the Act against the complainant or the subject officer, as the Executive Director deems appropriate. Action that can be taken against a subject officer found to be in non-compliance with the mediation agreement may include, but not necessarily be limited to, referring the underlying complaint to the Office for investigation or notifying the Chief of Police and requesting that discipline be instituted for non-compliance. Action that can be taken against a complainant found to be in non-compliance with the mediation agreement may include, but not necessarily be limited to, a dismissal of the complaint.

 

2113.14If the mediation does not resolve the complaint, the Executive Director may dismiss the complaint or refer it to conciliation, for investigation by the Office or to a complaint examiner for adjudication of the merits if the Executive Director determines that further investigation is unnecessary.

 

source

Final Rulemaking published at 49 DCR 8347 (August 30, 2002).