Mediation – Alternative Resolution Process Clause Samples

Mediation – Alternative Resolution Process. 1. The parties recognize and embrace the value of having a process whereby officers and community members can openly discuss situations in which a member of the public felt dissatisfied with an interaction with an officer. Through communication and dialogue, officers will have the opportunity to hear the perspective and concerns of the public, and complainants will have an opportunity to get a better understanding of the role and responsibility of a police officer. The parties commit to monitoring and improving, as needed, the alternative resolution process detailed in the section of the Agreement. While this section references mediation, the parties may choose to utilize other means of alternative dispute resolution by mutual agreement. 2. For cases involving dissatisfaction with an interaction with an officer, the initial notification will ask the officer whether he/she is willing to mediate the complaint. 3. Assuming the officer is interested in mediation, the Department will have the discretion to determine whether or not mediation of a complaint is appropriate. The classification report will normally be used to inform the named employee that the Department has determined that a complaint is eligible for mediation. Complaints may also be deferred to mediation after an investigation has been commenced. A deferral will not be made until such time as the complainant has agreed to participate in the mediation process. Nothing herein shall affect the obligation of the employer that any discipline be imposed in accordance with just cause. 1. Voluntary process - Mediation will occur only if both the complainant and employee agree. 2. The Mediator will attempt to schedule the mediation as soon as reasonably possible, recognizing the importance of holding the mediation at a time that is convenient for the complainant. 3. If the Mediator informs the Department that the employee participated in the process in good faith, the complaint will be dismissed and no discipline will be imposed. Good faith means: a. The officer actively listens to the perspective of the other party; and b. The officer fully communicates his/her own position and engages in the discussion. Good faith does not require the officer to agree to any particular resolution of a complaint. 4. In the event the complainant changes their mind and does not participate in the mediation, or if the employee does not participate in the mediation in good faith, a finding of which shall not be subject to cha...