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o best practices as identified through. a review of other prOgrams in place nationally (see Attachment A for a comparison of different potice complaint mediation program elements).. . . KEY ISSUES, FINDINGS and DRAFT RECOMMENDATIONS .:. Program Terminology MAlT agreed early on that the current practice of offering both mediations and facilitated discussions as alternative complaint resolution options should be continued. However, it was soon discovered that. common definitions for these two options,. and for other program terms, was needed. It was decided that the main distinction between the two alternative resolution processes is the participants: mediations occur between the principal parties to the complaint,. while facilitated conversations involve the complainant and a department representative. The latter option enables a complainant to discuss his/her concerns with 'someone in charge' without fear of confronting the involved officer, if that is an issue. It also retains the ability for complainants to discuss the incident with a department representative . in situations where the involved officer dedines mediation.. The use of a facilitated conversation as a formalized option for resolving police complaints appears to be unique to Eugene. Terminology rec,?mmended by MAlT is as follows: () Altemative Complaint Resolution: An umbrella term" encompassing both mediation and facilitated conversation options" which are deigned to complement more traditional ways of addressing police complaints. Mediation: A voluntary, confidential complaint" resolution option that is an alternative to the Investigation, adjudication, and disciplinary prOcess. . It is a structured process guided by a neutral, third-party, professionally-trained mediator enabling direct communication between the complainant and employee. Mediation provides opportunities for mutual understanding of the involved parties' , needs a':ld interests ,and for resolution of a complaint through dialogue and/or mutual agreement. Confidential: Confidentiality means that there will be no documentation of the contents of the mediation session, unless the parties agree otherWise, and that mediation communications cannot be used in any subsequent proceedings (see ORS 36.220). As part of its ground rules, the parties may decide what information, if any, can be shared about the session and with whom. Confidentiality does not preclude the auditor from compiling basic program documentation such as the number and types ~f complaints resolved through mediation, and/or for the mediator to report any general "themes from the mediations to the auditor. Facilitated Conversation: A discussion, guided by a third-party, 'trained facilitator, between the, complainant and a department representative, most often the named ~mployee's supervisor or Internal Affairs staff. While often a less structured process than mediation, ground rules and other measures will be in place to help ensure a safe, constructive conversation. The content of a facilitated conversation" is not considered to be confidential. Subsequent to the facilitated conversation, if the complainant still has concerns, s/he can decide to file a complaint or request a, mediation. Advocate: A trained Human Rights Support System volunteer who is not a " party to the complaint and whose role is to provide technical, emotional and 'referral support to the complainant. An advocate Page 3