Police Mediation

Mediation: What is it?

Understanding how mediation interfaces with police work requires an understanding of the nature of the mediation process itself. Although there are many stylistic and philosophical differences about what mediation is and how it should be practiced, it is generally understood to be a process where parties are assisted in working through their differences with the assistance of a third party known as the mediator. The mediator usually guides the process by establishing guidelines for interaction between the parties, helping them to share how they see the situation, brainstorming options, negotiating possible arrangements, and crafting an understanding for the future. Although mediation usually occurs in face-to-face sessions with both parties, separate sessions with each side are common.

Central to mediation is self-determination by the parties. What this means is that, unlike other contexts where judges and arbitrators have the power and authority to make decisions for the parties, mediators do not. Mediators rely on persuasion and a variety of skills and techniques to move the disputing parties toward consideration of common ground.

In mediation, the disputing parties themselves are expected to work through their differences and come up with a mutually agreeable outcome to resolve [Page 345]the situation they are experiencing. Underlying the mediation process is the notion that the parties will engage openly, listen to each other, generate options, and design their own solutions. Because the parties need to give and take creatively and flexibly, all should be able to walk away with something, rather than one party winning and one losing, as is common in more traditional adversarial proceedings. As a result, mediation is widely referred to as a win–win process.

Of paramount concern for mediators is confidentiality. In order to provide an opportunity for parties to open up and have genuine discussions, mediators assure the parties that information that is communicated in connection with the mediation efforts will not be shared with others. Usually, the only public output of a mediation session is the agreement that is signed by the parties.

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