Advertisement

Police and Mediation: Natural, Unimaginable or Both

  • Maria R. VolpeEmail author
Chapter
Part of the Clinical Sociology: Research and Practice book series (CSRP)

Abstract

Police interventions that are universally recognizable as using mediation have very deep roots in law enforcement. By chance or by choice, police have historically played a role in getting in the middle of disputing parties. They are either called to a scene or come upon it as part of their routine work and find themselves having to assume the intermediary role. Depending on the larger culture in which they are situated, organizational structure within which they operate, and police officers’ own ability to intervene, the police officers have served as mediators. Such intervention has often been undertaken as a natural part of policing with officers intervening intuitively by using their own people and communication skills. As mediation has gained popularity and acceptance, however, police departments around the world are beginning to look more carefully at how officers are trained and how mediation fits into policing. In addition to police officers mediating on the scene, there are other ways in which they can use mediation. For example, they can refer cases to mediation programs or participate in mediation sessions themselves. While policing and mediation may coexist nicely and mediation is an important tool for police, the use of this process in policing has been questioned. Given officers’ ability to use force, authority to take action, and need for public accountability, mediation by police officers in the police context clashes with many of the accepted mediation principles. As a result, critics cannot imagine police officers mediating. Drawing largely from policing in the United States, this chapter examines the use of mediation in the police context, perhaps one of the most complex and controversial settings where mediation occurs, and discusses how police use of mediation can be both natural and unimaginable worldwide.

Keywords

Police Officer Collective Bargaining Police Department Restorative Justice Police Organization 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

References

  1. American Arbitration Association, the American Bar Association’s Section of Dispute Resolution, and the Association for Conflict Resolution. (2005). The Model Standards of Conduct for Mediators. Retrieved from http://www.abanet.org/dispute/news/ModelStandardsofConductforMediatorsfinal05.pdf
  2. Baker, A. (2006, September 20). Settling disputes across a table when officer and citizen clash. The New York Times. Retrieved from http://www.nytimes.com/2006/09/20/nyregion/20mediation.html?_r=1&scp=3&sq=ccrb%20mediation&st=cse
  3. Bartels, E. C., & Silverman, E. B. (2005). An exploratory study of the New York City Civilian Complaint Review Board mediation program. Policing: An International Journal of Police Strategies and Management, 28(4), 619–630.CrossRefGoogle Scholar
  4. Berger, V. (2000). Civilians versus police: Mediation can help to bridge the divide. Negotiation Journal, 16(3), 211–235.CrossRefGoogle Scholar
  5. Buerger, M. E., Petrosino, A. J., & Petrosino, C. (1999). Extending the police role: Implications of police mediation as a problem-solving tool. Police Quarterly, 2(2), 125–149.CrossRefGoogle Scholar
  6. Cadonau, D., & Williams, C. (2007). Policing and mediation: Common ground. Hillsboro Mediation Program Newsletter, 16, 2 [as cited in Meyer, J. F., Paul, R. C., & Grant, D.R. (2009). Peacekeepers turned peacemakers: Police as mediators. Contemporary Justice Review, 12(3), 331–344].Google Scholar
  7. Community Policing Consortium. (1994). Understanding community policing: A framework for action. Washington, DC: US Department of Justice, Bureau of Justice Assistance. Retrieved from http://www.ncjrs.gov/pdffiles/commp.pdf
  8. Cooper, C. (1997). Patrol police officer conflict resolution processes. Journal of Criminal Justice, 25(2), 87–101.CrossRefGoogle Scholar
  9. Fisher, E. G., & Starek, H. (1978). Police bargaining in Canada: Private sector bargaining, compulsory arbitration, and mediation arbitration in Vancouver. Canadian Police College Journal, 2(1), 133–161.Google Scholar
  10. Folberg, J. (1983). A mediation overview: History and dimensions of practice. Mediation Quarterly, 1(1), 3–13.CrossRefGoogle Scholar
  11. Ford, E. (2007, July 26). An officer with the gift of the gab: Jack Cambria talks about the skills he needs as a hostage negotiator with the New York Police Department. Times Online. Retrieved from http://business.timesonline.co.uk/tol/business/career_and_jobs/graduate_management/article2138151.ece
  12. Goldstein, H. (1977). Policing a free society. Cambridge: Ballinger.Google Scholar
  13. Hatch, R. P. (2005–2006). Coming together to resolve police misconduct: The emergence of mediation as a new solution. Ohio State Journal on Dispute Resolution, 21(2), 447–484.Google Scholar
  14. Hines, D., & Bazemore, G. (2003). Restorative policing, conferencing and community. Police Practice & Research, 4(4), 411–427.CrossRefGoogle Scholar
  15. Hoyle, C. (2007). Policing and restorative justice. In G. Johnstone & D. Van Ness (Eds.), Handbook of restorative justice (pp. 292–311). Portland: Willan Publishing.Google Scholar
  16. Johnstone, G., & Van Ness, D. (Eds.). (2007). Handbook of restorative justice. Portland: Willan Publishing.Google Scholar
  17. Lerman, L. (1984). Mediation of wife abuse cases: The adverse impact of informal dispute resolution on women. Harvard Women’s Law Journal., 7, 57–113.Google Scholar
  18. Maxwell, J. P. (1999). Mandatory mediation of custody in the face of domestic violence: Suggestions for courts and mediators. Family and Conciliation Courts Review, 37(3), 335–355.CrossRefGoogle Scholar
  19. Mayer, B. (2004). Beyond neutrality: Confronting the crisis in conflict resolution. San Francisco: Jossey-Bass.Google Scholar
  20. McGillis, D. (1997, July). Community mediation programs: Developments and challenges. US Department of Justice, Office of Justice Programs. NIJ, Washington, DC: GPO.Google Scholar
  21. Meyer, J. F., Paul, R. C., & Grant, D. R. (2009). Peacekeepers turned peacemakers: Police as mediators. Contemporary Justice Review, 12(3), 331–344.CrossRefGoogle Scholar
  22. Minnaar, A., & Mistry, D. (2006). Dealing with the use of force and stress-related violence by members of the police: Observations from selected case studies in Gauteng Province. South Africa. Acta Criminologica, 19(3), 29–63.Google Scholar
  23. Moore, C. W. (2003). The mediation process: Practical strategies for resolving conflict (3rd ed.). San Francisco: Jossey-Bass.Google Scholar
  24. Morris, A., & Maxwell, G. (1998). Restorative justice in New Zealand: Family group conferences as a case study. Western Criminology Review, 1(1). [Online] Retrieved from http://wcr.sonoma.edu/v1n1/morris.html
  25. Natarajan, M. (2005). Women police stations as a dispute processing system: The Tamil Nadu experience in dealing with dowry-related domestic violence cases. Women & Criminal Justice, 16(1/2), 87–106.CrossRefGoogle Scholar
  26. New measures to combat domestic crime. (2001, January 16). The Jamaica Gleaner. Retrieved from http://www.jamaica-gleaner.com/gleaner/20010116/news/news2.html
  27. New York State Unified Court System (NYS UCS). (2011--2012). Community Dispute Resolution Centers Program Statistical Supplement 2011--2012. Retrieved from http://www.nycourts.gov/ip/adr/Publications.shtml#stats
  28. Nicholl, C. G. (1999a). Community policing, community justice, and restorative justice. Restorative justice: Exploring the links for the delivery of a balanced approach to public safety. Washington, DC: U.S. Department of Justice, Office of Community Oriented Policing Services.Google Scholar
  29. Nicholl, C. G. (1999b). Toolbox for implementing restorative justice and advancing community policing. Washington, DC: U.S. Department of Justice, Office of Community Oriented Policing Services.Google Scholar
  30. Patterson, R. W. (2006). Resolving civilian-police complaints in New York City: Reflections on mediation in the real world. Ohio State Journal on Dispute Resolution, 22(1), 189–225.Google Scholar
  31. Peachey, D. (2003). The Kitchener experiment. In G. Johnstone (Ed.), Restorative justice reader: Texts, sources, contexts (pp. 178–186). Portland: Willlan Publishing.Google Scholar
  32. Pranis, K., Stuart, B., & Wedge, M. (2003). Peacemaking circles: From crime to community. St. Paul: Living Justice Press.Google Scholar
  33. Restorative Justice Online. Retrieved from www.restorativejustice.org/police
  34. Sherman, L., & Berk, R. (1984). The specific deterrent effects of arrest for domestic assault. American Sociological Review, 49(2), 261–272.CrossRefGoogle Scholar
  35. Sherman, L. W., Schmidt, J. D., & Rogan, D. P. (1992). Policing domestic violence: Experiments and dilemmas. New York: Free Press.Google Scholar
  36. Skolnick, J. H., & Bayley, D. H. (1988). Community policing: Issues and practices around the world. Rockville: US Department of Justice, NIJ.Google Scholar
  37. Syeed-Miller, N. (2006). Developing appropriate dispute resolution systems for law enforcement and community relations: The Pasadena case study. Ohio State Journal on Dispute Resolution, 22(1), 83–103.Google Scholar
  38. Thoennes, N., Salem, P., & Pearson, J. (1995). Mediation and domestic violence: Current policies and practices. Family and Conciliation Courts Review, 33(1), 6–29.CrossRefGoogle Scholar
  39. Trojanowicz, R., Kappeler, V. E., Gaines, L. K., Bucqueroux, B., & Sluder, R. (1998). Community policing: A contemporary perspective (2nd ed.). OH: Anderson Publishing.Google Scholar
  40. Umbreit, M. (2000). Family group conferencing: Implications for crime victims. Washington, DC: U.S. Department of Justice, Office of Justice Programs.Google Scholar
  41. Umbreit, M., & Zehr, H. (1996). Restorative family group conferences: Differing models and guidelines for practice. Federal Probation, 60(3), 24–29.Google Scholar
  42. United States Institute of Peace. (2009, May 27–28). CoESPU Workshops on Negotiation and Mediation for Police in Peacekeeping Environments. Retrieved from http://www.usip.org/in-the-field/coespu-workshops-negotiation-and-mediation-police-in-peacekeeping-environments
  43. University of Baltimore CNCM Student Info Blog (UBCNCM). Retrieved from http://ubcncm.wordpress.com/2007/12/20/job-opportunities-police-mediation-liaison-two-positions-2/
  44. Vincentnathan, L., & Vincentnathan, S. G. (2007). Village courts and the police: Cooperation and conflict in modernizing India. Police Practice and Research, 8(5), 445–459.CrossRefGoogle Scholar
  45. Volpe, M. R. (1989). The police role. In M. Wright & B. Galaway (Eds.), Mediation and criminal justice: Victims, offenders and community (pp. 229–238). London: Sage.Google Scholar
  46. Volpe, M. R., & Phillips, N. (2003). Police use of mediation. Conflict Resolution Quarterly, 21(2), 263–267.CrossRefGoogle Scholar
  47. Volpe, M. R., & Phillips, N. (2006). Police mediation: Research survey themes. In N. Phillips & S. Strobl (Eds.), Dispute resolution: Managing conflicts in diverse contexts (pp. 15–26). New York: CUNY Dispute Resolution Consortium.Google Scholar
  48. Walker, S., Archbold, A., & Herbst, L. (2002). Mediating citizen complaints against police officers: A guide for police and community leaders. Web Version. Washington, DC: Government Printing Office.Google Scholar
  49. Wall, J. A., Arunachalam, V., & Callister, R. R. (2008). Third-party dispute resolution in India and the United States. Journal of Applied Social Psychology, 38(12), 3075–3100.CrossRefGoogle Scholar

Copyright information

© Springer Science+Business Media Dordrecht 2014

Authors and Affiliations

  1. 1.Dispute Resolution Program, John Jay College of Criminal JusticeCity University of New YorkNew YorkUSA

Personalised recommendations