MEDIATION

Legislation has recently been enacted to allow the Police Ombudsman's Office to mediate complaints against police officers.

In late 2008 the Police Ombudsman's Office launched a pilot mediation scheme in North and West Belfast to gauge the level of support for the use of mediation among police officers and complainants. Although mediation has not yet been "rolled out" and is therefore not presently used to resolve complaints, this section explains what is involved.

What is mediation?

Mediation is a voluntary and confidential process which aims to help you and a complainant resolve issues through dialogue.

It is overseen by an impartial and independent mediator whose role is to promote communication so that you can reach a better understanding of each other's position.

Mediation does not set out to find fault, assign blame or punish anyone. It focuses instead on problem-solving and reaching agreement.

What happens in mediation?

The Police Ombudsman will consider the complaint and decide whether it is suitable for informal resolution. If it is both the complainant and the police officer will be asked to consider the mediation of the complaint.

Should both parties agree to mediation they will be asked to sign an Agreement to Mediate form.

A member of staff from the Police Ombudsman's Mediation Unit will then arrange a meeting on a date and at a venue which suits everyone involved.

Face-to-face meetings are encouraged, but the process is flexible and all efforts will be made to accommodate the wishes of the mediating parties.

A Police Ombudsman mediator will then facilitate the meeting between the complainant and the police officer(s) involved. Each will be given an opportunity to give their views on the incident which led to the complaint. With the assistance of the mediator they will then try to reach an agreement on how best to resolve the issues arising from it.

The mediator will remain impartial and non-judgemental at all times during the mediation. The complainant and the police officer control the outcome of the process. When they reach an agreement, a complaint mediated form will be signed by all the parties involved in the process, to mark the successful resolution of the process.

Confidentiality

It is important to note that mediation is an entirely confidential process. Pre-mediation communications and the mediation itself are strictly confidential and "without prejudice" (i.e. they do not impact on any other rights or affect any other processes you are involved in).

Only the complainant, the police officer(s) and the mediator participate in the mediation process to help encourage frank and open discussion. No part of a mediation can be communicated to any other parties without the clear ad explicit authority of all the parties involved.

What if we can't agree on a suitable outcome?

The parties to mediation are free to walk way at any stage in the process. The mediator will encourage the parties to persevere with the process but will not place you or the complainant under any pressure to do so.

The Mediator can also end the process if he/she believes it is not working as it should, or is the matters being discussed are no longer suitable for mediation.

Should a complainant or police officer decline mediation, or if the mediation process fails, the complaint will be referred for formal investigation.

Why should I agree to mediation?

If a complaint against you is successfully mediated, it will not appear on your personnel record and will therefore not be considered when you seek a transfer or promotion.

Mediation is not a disciplinary forum and no senior police officer will be involved. You will be given the opportunity to explain your point of view directly to the complainant and to hear first hand what led to the complaint. You can also comment on the complainant's part in the incident which led to the complaint.

Mediation should also reduce the stress and worry sometimes associated with being under investigation. You will not be served with a Regulation 9 notice to inform you that you are under formal investigation. Mediation also takes considerably less time than a formal investigation.

Also remember that mediation is:

• Voluntary
• Confidential
• Non-judgemental
• Independent
• Informal
• Consensual

More information

If you have any questions about the mediation pilot project, please contact Geraldine Loughran on 028 9082 8746.

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