Mediation

Many people who file complaints at the CCRB would prefer to resolve their complaints by talking to an officer face-to-face rather than seeking an investigation and possible disciplinary action against the officer. For those complainants, the CCRB offers mediation as an alternative way of resolving complaints.

What is Mediation?
At the CCRB, mediation is one way a civilian can resolve the complaint he or she filed against a New York City police officer(s). Mediation offers you and the officer the opportunity to sit down at a table in a comfortable, quiet, and private space and talk about the incident that led to the complaint. You won’t be alone with the officer—at least one neutral mediator will be with you. Mediators are trained professionals experienced in conducting mediations; it is their job to structure the discussion between you and the officer so that you and the officer communicate with each other effectively. The more the officer listens to what you have to say and the more you listen to what the officer has to say, the more likely it is that you and the officer will come away with a better understanding of the incident. A successful mediation occurs when both you and the officer agree that the issues raised by the incident and complaint have been resolved.

What Happens in Mediation?
At a mediation session, you and the officer meet with a mediator in a private office or conference room at the CCRB. Before the session begins, the mediator will ask you and the officer to sign a confidentiality and consent agreement. By signing the confidentiality and consent agreement, you and the officer agree that anything you or the officer say for the first time during the mediation is confidential. This agreement protects the mediator from being called to testify in any future legal proceeding. After the agreement is signed, the mediator will explain the mediation process and set ground rules for both you and the officer to follow in order to facilitate discussion.

The mediator will ask both you and the officer to describe what happened the day of the incident. The mediator is not a judge, and will not be determining who is right or wrong. The mediator will speak with both you and the officer, asking questions where necessary, to assist you and the officer in talking and listening to each other. You will be free to speak your mind. You will be free to tell the officer just what you thought was wrong about his or her behavior, and you're also free to express how you felt about that behavior. At the same time, the officer will be invited to respond to your comments and might try to explain his or perception of the incident and his or her actions. At some point, if you and the officer decide that you have resolved the issues between you, the mediator will ask you and the officer to sign a resolution agreement. This agreement signifies that the complaint has been resolved; the CCRB does not have to conduct any further investigation. If you both sign the resolution agreement, the mediator will give you a copy for your files. At that point, the mediation is finished and is considered successful. The CCRB will then close the complaint.

Who Are the Mediators?
The individuals who mediate cases for the CCRB are experienced mediators. Some are attorneys, law professors, or college professors. Those who are not attorneys have received extensive training and conduct mediations for community dispute resolution centers throughout New York State. The mediators who will work with you at the CCRB are not CCRB employees or New York City Police Department employees. The CCRB engages experienced mediators for the express purpose of conducting mediation sessions.

When and Where does the Mediation take place?
All mediations take place at the CCRB’s offices on the second floor of 40 Rector Street in lower Manhattan. The agency provides a safe, private space for you to meet with the officer and the mediator. There are many subway stops within a few blocks of the CCRB's office: the 4 and 5 (Wall Street), the R (Rector Street), the 1 (Rector Street), the 2 and 3 (Wall Street), the J and Z (Broad Street) and the A and C (Fulton St. / Broadway-Nassau). The CCRB schedules mediations from Monday through Friday at times that are convenient for you and consistent with the officer’s schedule.

What Would I Get Out of Mediating My Complaint?
The most important thing you can get out of mediating your complaint is satisfaction. You have the chance to tell the officer why you were so upset with what the officer said or did, and you have the opportunity to ask questions of the officer. Of course, we can’t guarantee that the officer will give you the answers you want, but you are free to ask. Nine out of ten individuals who mediate their complaints resolve them successfully. And most studies show that individuals who mediate their complaints are more satisfied with the complaint process than those whose complaints are investigated.

Why Should I Mediate Rather than Have My Case Investigated?
To answer that question you need to ask yourself what you want to achieve by filing and pursuing the complaint. If you want the police department to punish or discipline the officer, mediation is not for you. If you are filing a lawsuit against the officer or the police department as a result of the incident, mediation is not for you. If you want the summons you received to be thrown out of court or voided, neither mediation nor investigation will help you achieve that goal. But if you filed your complaint with the idea that you’d like to talk to the officer, you should mediate. If you were hoping to educate the officer, you should mediate. If you’ve had recurring problems with a particular officer, you should mediate, since you can discuss all the issues you have with the officer, not just the issues raised by a single complaint. If it’s important to you to have as much control as possible over the resolution of your complaint, you should mediate. If you are concerned about whether you’ll be satisfied with how your complaint is resolved, you should mediate. And if you’re seeking to empower yourself by actively participating in the resolution of your complaint, you should mediate.

What Cases Are Suitable for Mediation?
The CCRB has set guidelines for determining what types of complaints are appropriate for mediation. To begin with, a complaint is not suitable for mediation if the officer allegedly injured someone or damaged property, if the allegations stem directly from an arrest, or if the officer has an extensive complaint history. If these conditions are met, complaints that can be mediated include those where the officer allegedly used mild physical force, made threats, refused to identify him or herself, stopped and questioned a civilian, and used discourteous or offensive language.

If you have additional questions about the CCRB's mediation program, please contact Lisa Grace Cohen, director of mediation, at (212) 912-7201.