Mediation Team Chain of CommandMediation Team Chain of CommandMediation Team Chain of Command

Deputy Chief Calvin A. CuniganInternal Affairs Division Commander

Lieutenant Manny GuevaraUnit Commander Complaint Mediation Team

Sergeant R. M. TerronesComplaint Mediation Coordinator

Deputy Chief Calvin A. CuniganDeputy Chief Calvin A. CuniganInternal Affairs Division CommanderInternal Affairs Division Commander

Lieutenant Manny GuevaraLieutenant Manny GuevaraUnit Commander Complaint Mediation Team Unit Commander Complaint Mediation Team

Sergeant R. M. TerronesSergeant R. M. TerronesComplaint Mediation Coordinator Complaint Mediation Coordinator

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The History of Mediationin the Dallas Police Department

The History of MediationThe History of Mediationin the Dallas Police Departmentin the Dallas Police Department

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Citizens Police Review BoardCitizens Police Review BoardCitizens Police Review Board• A Citizen voices his willingness to have his

dispute with an officer mediated• In 2003, Ms. Ann Carlson, Police Citizens Review

Board, contacts Mr. David Renfro of the Federal Mediation Conciliation Service

• Mr. Renfro presents methodology & offers guidance to the program

•• A Citizen voices his willingness to have hisA Citizen voices his willingness to have hisdispute with an officer mediateddispute with an officer mediated

•• In 2003, Ms. Ann Carlson, Police Citizens Review In 2003, Ms. Ann Carlson, Police Citizens Review Board, contacts Mr. David Renfro of the Federal Board, contacts Mr. David Renfro of the Federal Mediation Conciliation ServiceMediation Conciliation Service

•• Mr. Renfro presents methodology & offers Mr. Renfro presents methodology & offers guidance to the programguidance to the program

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Organizations InvolvedOrganizations InvolvedOrganizations Involved• Citizens Police Review Board• Internal Affairs Division• City Attorney’s Office• Dallas Police Association• Texas Peace Officer Association• Latino Police Officer Association

•• Citizens Police Review BoardCitizens Police Review Board•• Internal Affairs DivisionInternal Affairs Division•• City AttorneyCity Attorney’’s Offices Office•• Dallas Police AssociationDallas Police Association•• Texas Peace Officer AssociationTexas Peace Officer Association•• Latino Police Officer AssociationLatino Police Officer Association

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InceptionInceptionInception• In 2005, the program begins• Administration & criteria for the program

is established• General Order 507.07 is developed

•• In 2005, the program beginsIn 2005, the program begins•• Administration & criteria for the program Administration & criteria for the program

is establishedis established•• General Order 507.07 is developedGeneral Order 507.07 is developed

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Mediation DefinedMediation DefinedMediation Defined

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What is Mediation?What is Mediation?What is Mediation?• Mediation is a process whereby a trained mediator

facilitates discussion between parties in dispute for the purpose of seeking greater understanding and possible resolution

•• Mediation is a process whereby a trained mediator Mediation is a process whereby a trained mediator facilitates discussion between parties in dispute for facilitates discussion between parties in dispute for the purpose of seeking greater understanding and the purpose of seeking greater understanding and possible resolutionpossible resolution

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The Value of MediationThe Value of MediationThe Value of Mediation• Mediation promotes efficiency, understanding &

support• Mediation helps resolve incidents of conflict & offers

an immediate way to handle problems

•• Mediation promotes efficiency, understanding & Mediation promotes efficiency, understanding & supportsupport

•• Mediation helps resolve incidents of conflict & offers Mediation helps resolve incidents of conflict & offers an immediate way to handle problemsan immediate way to handle problems

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The Mediation MissionThe Mediation MissionThe Mediation Mission

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Mission PhilosophyMission PhilosophyMission Philosophy• To offer an alternative method of addressing citizen

complaints• To promote mutual understanding & resolution;

not to determine fault• Voluntary participation• Confidentiality• Achieve better working relationships

•• To offer an alternative method of addressing citizen To offer an alternative method of addressing citizen complaintscomplaints

•• To promote mutual understanding & resolution; To promote mutual understanding & resolution; not to determine faultnot to determine fault

•• Voluntary participationVoluntary participation•• ConfidentialityConfidentiality•• Achieve better working relationshipsAchieve better working relationships

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MediatorsMediatorsMediators• Independent• Professional• Skilled & Impartial• At this time, not from within Dallas Police

Department

•• IndependentIndependent•• ProfessionalProfessional•• Skilled & ImpartialSkilled & Impartial•• At this time, not from within Dallas Police At this time, not from within Dallas Police

DepartmentDepartment

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LocationLocationLocation• Neutral site• Convenient to all parties• Comfortable atmosphere

•• Neutral siteNeutral site•• Convenient to all partiesConvenient to all parties•• Comfortable atmosphereComfortable atmosphere

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The Mediation ProcessThe Mediation ProcessThe Mediation Process

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Acceptable Mediation ComplaintsAcceptable Mediation ComplaintsAcceptable Mediation Complaints

• Internal Affairs Division Commander determines criteria for assignment

• Cases designated for mediation are incidents of rudeness & discourtesy; citizen allegations of inadequate investigation or failure to fully investigate

• Complaint is then assigned to the Complaint Mediation Team

• Cases of alleged use of force will not be submitted for mediation

•• Internal Affairs Division Commander determines Internal Affairs Division Commander determines criteria for assignmentcriteria for assignment

•• Cases designated for mediation are incidents of Cases designated for mediation are incidents of rudeness & discourtesy; citizen allegations of rudeness & discourtesy; citizen allegations of inadequate investigation or failure to fully investigateinadequate investigation or failure to fully investigate

•• Complaint is then assigned to the Complaint Complaint is then assigned to the Complaint Mediation TeamMediation Team

•• Cases of alleged use of force will not be submitted for Cases of alleged use of force will not be submitted for mediationmediation

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Complaint Mediation Coordinator Complaint Mediation Coordinator ActionAction

•• Complaint referred to Mediation CoordinatorComplaint referred to Mediation Coordinator•• Employee contacted within 5 business daysEmployee contacted within 5 business days•• Employee accepts or rejects mediation within Employee accepts or rejects mediation within

10 business days10 business days•• Employee submits signed agreement formsEmployee submits signed agreement forms

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Complaint Mediation Coordinator Action

Complaint Mediation Coordinator Complaint Mediation Coordinator ActionAction

• Upon receipt of employee’s written consent to mediate, the citizen is contacted within 5 business days

• Citizen accepts or rejects within 10 business days• Citizen submits signed agreement forms• If option verbally rejected, case is returned to the

Internal Affairs Division for investigation

•• Upon receipt of employeeUpon receipt of employee’’s written consent to s written consent to mediate, the citizen is contacted within 5 business mediate, the citizen is contacted within 5 business daysdays

•• Citizen accepts or rejects within 10 business daysCitizen accepts or rejects within 10 business days•• Citizen submits signed agreement formsCitizen submits signed agreement forms•• If option verbally rejected, case is returned to the If option verbally rejected, case is returned to the

Internal Affairs Division for investigationInternal Affairs Division for investigation

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Referred to MediationReferred to MediationReferred to Mediation• After receipt of citizen signed agreement forms• Within 5 business days: (1) a mediator will be

contacted & a meeting date will be set, (2) the employee will be contacted, (3) the citizen will be contacted

• The meeting should occur within 30 days unless a time extension is agreed upon by all parties

•• After receipt of citizen signed agreement formsAfter receipt of citizen signed agreement forms•• Within 5 business days: (1) a mediator will be Within 5 business days: (1) a mediator will be

contacted & a meeting date will be set, (2) the contacted & a meeting date will be set, (2) the employee will be contacted, (3) the citizen will be employee will be contacted, (3) the citizen will be contactedcontacted

•• The meeting should occur within 30 days unless a time The meeting should occur within 30 days unless a time extension is agreed upon by all partiesextension is agreed upon by all parties

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Complaint CaveatsComplaint CaveatsComplaint Caveats• Upon completion, no further investigation• If either party refuses to complete the meeting, the

case will be returned to the Internal Affairs Division for investigation

• Citizen failure to appear – no further action• Employee failure to appear – case will be returned to

the Internal Affairs Division for investigation• Mediator will return the case to the Internal Affairs

Division if allegations surface outside scope of meeting

•• Upon completion, no further investigationUpon completion, no further investigation•• If either party refuses to complete the meeting, the If either party refuses to complete the meeting, the

case will be returned to the Internal Affairs Division case will be returned to the Internal Affairs Division for investigationfor investigation

•• Citizen failure to appear Citizen failure to appear –– no further actionno further action•• Employee failure to appear Employee failure to appear –– case will be returned to case will be returned to

the Internal Affairs Division for investigationthe Internal Affairs Division for investigation•• Mediator will return the case to the Internal Affairs Mediator will return the case to the Internal Affairs

Division if allegations surface outside scope of Division if allegations surface outside scope of meetingmeeting

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Complaint CaveatsComplaint CaveatsComplaint Caveats

• No departmental obligation to provide translators or interpreters

• Mediator & Mediation Coordinator can limit number of participants

• No electronic or written recordings – any notes taken will be destroyed prior to leaving the meeting

• DPD adheres to the law regulating mediation: Texas Civil Practices and Remedies Code, Title 7, Chapter 154

•• No departmental obligation to provide translators or No departmental obligation to provide translators or interpreters interpreters

•• Mediator & Mediation Coordinator can limit number Mediator & Mediation Coordinator can limit number of participantsof participants

•• No electronic or written recordings No electronic or written recordings –– any notes taken any notes taken will be destroyed prior to leaving the meetingwill be destroyed prior to leaving the meeting

•• DPD adheres to the law regulating mediation: Texas DPD adheres to the law regulating mediation: Texas Civil Practices and Remedies Code, Title 7, Chapter Civil Practices and Remedies Code, Title 7, Chapter 154 154

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The Mediation Program Trial PeriodThe Mediation Program Trial PeriodThe Mediation Program Trial Period

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Trial CasesTrial CasesTrial Cases

• A total of 50 cases will be heard• On October 4, 2005, no further action was

taken in regards to MO5-#1 because the citizen failed to appear

• On October 4, 2005, MO5-#2 was heard and it was successfully resolved

• On October 11, 2005, MO5-#8 was heard and it was successfully resolved

• Four additional cases are pending

•• A total of 50 cases will be heardA total of 50 cases will be heard•• On October 4, 2005, no further action was On October 4, 2005, no further action was

taken in regards to MO5taken in regards to MO5--#1 because the citizen #1 because the citizen failed to appear failed to appear

•• On October 4, 2005, MO5On October 4, 2005, MO5--#2 was heard and it #2 was heard and it was successfully resolved was successfully resolved

•• On October 11, 2005, MO5On October 11, 2005, MO5--#8 was heard and #8 was heard and it was successfully resolvedit was successfully resolved

•• Four additional cases are pendingFour additional cases are pending

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Major City SurveyMajor City Survey

•• 17 major cities surveyed17 major cities surveyed•• Houston Police Department mediation program: started 1999 & the Houston Police Department mediation program: started 1999 & the first first

police department in Texas with a mediation program; under Profepolice department in Texas with a mediation program; under Professional ssional Development Command headed by an Asst. Chief; independent from IDevelopment Command headed by an Asst. Chief; independent from IAD; AD; hears citizen to employee & employee to employee complaints; usehears citizen to employee & employee to employee complaints; uses outside s outside & in& in--house mediators; removes approx. 10house mediators; removes approx. 10--15% case load from IAD; citizen 15% case load from IAD; citizen to employee complaints = 70% success rate; employee to employee to employee complaints = 70% success rate; employee to employee success success rate = 86%rate = 86%

•• San Diego Police Department mediation program: started 2003, adSan Diego Police Department mediation program: started 2003, administered ministered through IAD, but cases heard by outside mediation source; hears through IAD, but cases heard by outside mediation source; hears citizen to citizen to officer complaints only; grant funded; 15 cases for 2005 officer complaints only; grant funded; 15 cases for 2005 --7 successfully 7 successfully resolved resolved

•• Seattle Police Department mediation program: started August 1, 2Seattle Police Department mediation program: started August 1, 2005; under 005; under the Office of Professional Accountability with Civilian Directorthe Office of Professional Accountability with Civilian Director over site; over site; mediation program separate from IAD; 7 cases selected for externmediation program separate from IAD; 7 cases selected for external al mediation; none heard at this timemediation; none heard at this time

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Benefits for the Departmentand the Citizens

Benefits for the DepartmentBenefits for the Departmentand the Citizensand the Citizens

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The OfficersThe OfficersThe Officers• No documentation on Internal Affairs resume,

personnel file or unit file• No Control Number or Internal Statements generated• Speedier process• Achievement of satisfactory results without

determining fault• Mutual understanding & resolution of differences

•• No documentation on Internal Affairs resume, No documentation on Internal Affairs resume, personnel file or unit filepersonnel file or unit file

•• No Control Number or Internal Statements generatedNo Control Number or Internal Statements generated•• Speedier processSpeedier process•• Achievement of satisfactory results without Achievement of satisfactory results without

determining faultdetermining fault•• Mutual understanding & resolution of differencesMutual understanding & resolution of differences

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The CitizenThe CitizenThe Citizen• Opportunity to explain position• Opportunity to share feelings• Opportunity to have one-on-one interaction with the

police officer• Opportunity to resolve differences• Opportunity to gain mutual understanding• Speedier Process

•• Opportunity to explain positionOpportunity to explain position•• Opportunity to share feelingsOpportunity to share feelings•• Opportunity to have oneOpportunity to have one--onon--one interaction with the one interaction with the

police officerpolice officer•• Opportunity to resolve differencesOpportunity to resolve differences•• Opportunity to gain mutual understandingOpportunity to gain mutual understanding•• Speedier ProcessSpeedier Process

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DiscussionDiscussionDiscussion

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