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o a citation or arrest, court proceedings involving the complainant and officer are pending. In these situations, it was recommended that the mediation either be postponed until the . adjudication/disposition of the. case or, if that wOlJld pose an undue delay, that mediation not be considered. . Cases where racially-biased policing/disparate treatmentis alleged are very difficult to prove through the internal affairs investigatory process, and the underlying issues that led to the complaint often go unresolved. Misunderstandings and communication failures frequently contribute to perCeptions of . biased treatment. Because mediation offers the potential for both ' parties to gain better understanding and appreciation for the other persons' perspectives through a constructive discussion of these sensitive issues, MATT recommended that, whenever feasible, these allegations are included in the pool.of eligible cases. Mediation can be a powerful teaching tool and learning experience for both parties and in this way, is a form of accountability. For this reason, and consistent with the philosophy of inclusiveness, it was recommended that employee complaint hi~tory be a consideration for .determining eligibility, but not automatically form the basis for categorical exclusion of that case. Similarly, the likelihood' that a case would . result in a "sustained" adjudication should not preclude mediation in all situations. If the auditor,. in consultation with Internal Affairs and the employee's supervisor, believes that mediation will have a more positive il11pact on officer conduct than the disciplinary process and would be in the best interest of the other party(ies) involved, then mediation should be given consideration. . // l. ) . 'MATT discussed whether employee-:-on-employ~e complaints should b~ eligible for mediation. While mediation of internally generated complaints may be an appropriate option in' certain cases, other avenues are available for city employees to resolve conflicts, such as the Employee Assistance Program.'. It was therefore recommended that this not be incorporated into the complaint mediation program at .this time. However, MATT agreed that an officer who is having difficulties with a community member that s/he will likely have continued/on-going interactions 'with may request mediation to help resolve those issues. .:. Participation and Agreements One of MATT's objectives was to clarify and formalize procedures so that they ~eflect best practices and are consistently interpreted and applied. The following procedural clarifications are recommended :' o A signed "agreement to mediate" form, that includes standard language reg~rding confidentiality and other procedural expectations, should be required for all participants in a mediation, including the mediator. . o A resolution agreement between the parties should not be required as ~n outcome. An optional written agreement may. be developed by the" participants to document the outcome of the mediation and any additional actions to be taken by the involved parties as a result of the 1 An issue of how to handle.disclosure of new allegations during a mediation that are serious in nature. was discuss~d at the April Police Commission meeting. This issue is flagged for possible inclusion in the agreement to mediate form, as the ability for the mediator to suspend a session for this reason, or because the ~ession is not progressing, may be a valuable inclusion. Page 5