Tensions have never been higher. The growing calls for police departments to be “defunded” and/or reformed due to negative interactions between citizens and law enforcement has reached a fever pitch. As a response, most law enforcement agencies have established a complaint process relating to the actions of their officers. Traditionally, the department investigates the complainant’s claims against the officer(s). Then, the department issues a written response to the complainant clarifying the officer’s actions or, if warranted, informing the complainant that the officer has been appropriately disciplined if his/her actions were found to be inconsistent with agency policies and/or accepted law enforcement norms. Unfortunately, such systems can be imperfect. Sometimes the complainant feels less than satisfied, and, in serious cases, lawsuits may follow.
One critical component in improving citizen-law enforcement relationships is the necessary investment in meaningful conflict resolution practices where all parties are given the opportunity to be heard. OvalOptions for Conflict Management has worked with several law enforcement agencies to successfully develop and implement a citizen-law enforcement mediation process. To be successful, this interaction must be facilitated by a mediator trained and experienced in conducting this type of conversation.
The key to this process is inviting the complainant to attend a face-to-face meeting with the officer involved in the conflict and allowing them each to share his/her point of view on the encounter in question. The process is voluntary for both sides. The incentive for citizen participation is the opportunity to safely tell the officer how his/her actions, demeanor, and/or communications caused a negative reaction from his/her perspective. The officer is generally willing to participate in an effort to resolve the complaint and/or even having it expunged from the officer’s personnel file because of participation in the mediation.
When the conversation is convened, the mediator explains to the parties that the goal of the session is not necessarily an apology (although that can happen) or a written agreement (since an officer cannot commit to non-enforcement of the law in future situations). Rather, it is a chance for each person to gain a greater understanding of the feelings, expectations, and impressions of the other party involved. For example, police actions - which may seem callous or unacceptable to a citizen - may be better understood when the officer’s reasoning and perspective of the situation are explained. On the other hand, actions of a citizen - which seem uncooperative or disrespectful to an officer - may be related to a lack of understanding or due to a previous negative encounter with law enforcement. Both sides may unknowingly be influenced by stereotypes, group assumptions, or other latent biases. Such a facilitated interaction allows the two parties to achieve a greater understanding of the point of view and assumptions of the other and can lead to both personal and professional growth.
The potential positive results of citizen-law enforcement mediation can be illustrated with a real-life example. A frustrated citizen had complained to the police department after watching an officer fail to ticket another party for a driving violation – a violation for which the same citizen had recently been cited. The complainant and the officer both agreed to talk with each other in a session facilitated by one of our trained mediators. During the mediation, the complainant described his view of the situation and his associated frustration. The officer remembered the situation because he had been in the middle of a “silent run” to the scene of an ongoing domestic violence incident that took precedence over a traffic stop. The officer assured the complainant that, in other circumstances, he would have pulled over and cited the other driver. Having each had the opportunity to learn the other’s perspective, the two parties left the mediation session satisfied that each had been heard by the other.
The goal of a citizen-law enforcement mediation process is for each side to gain a greater appreciation for the other and, in so doing, begin to bring about mutual understanding and empathy. Each individual encounter of this type is a brick in constructing a bridge of understanding between law enforcement and the citizens they are sworn to serve and protect. Investment in conflict resolution is not an overnight solution to the polarization between law enforcement and citizens; rather, it is part of a gradual cultural shift.
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