MEDIATION OF CRIMINAL MISDEMEANOR DISPUTES

MEDIATION OF CRIMINAL MISDEMEANOR DISPUTES

The Private Complaint Mediation Service (PCMS) provides a mediation alternative to the formal judicial process of handling criminal misdemeanor disputes between private citizens. PCMS has been in operation since 1974 and is funded and administered by the Hamilton County Court system. PCMS began as a pre-trial diversion program pursuant to Ohio Revised Code 2935.36 and is authorized locally by Administrative Rule 9.02 of the Hamilton County Municipal Court .

How Does PCMS Fit Into the Criminal Justice System?

PCMS is designed to be the first step in the criminal misdemeanor process. Police jurisdictions refer most misdemeanor complaints to the service to attempt out-of-court settlements through mediation. All police jurisdictions have policies concerning the referral of cases to PCMS. In the City of Cincinnati, for example, a police officer responding to a citizen misdemeanor complaint has the discretion to refer the case to mediation unless an immediate arrest is warranted. Fifty per cent of PCMS intake cases are referred by police jurisdictions.

Other referral resources include social and legal service agencies, the Clerk of Courts and "walk-ins". Forty per cent of PCMS intake cases are referred from these sources.

Although referral to PCMS is typically a preliminary to formal court processing, judges routinely refer cases from arraignment, pre-trial or trial courtrooms. Often judges refer these cases at the request of the prosecuting or defense attorneys. Ten per cent of PCMS intake cases are referred from judges.

PCMS Intake Process

Once a client is referred to PCMS, he or she must come in person to make the complaint and be interviewed by a PCMS Intake Worker. The Intake Worker conducts an interview to determine if the case fits within the scope of services and, if so, schedules a mediation hearing between the complainant and the alleged defendant. PCMS notifies the other party by ordinary mail of the scheduled hearing date, which usually takes place within three weeks of the time that the complaint is made. Mediation hearings are scheduled in the evenings and on Saturday mornings.

In some cases, after interviewing the complainant, the Intake Worker may refer the case directly to the prosecutor to review for possible warrant issuance. This occurs when the complaint is Domestic Violence, Menacing by Stalking, Aggravated Trespass, or Temporary Protection Order Violation.

If a case is not appropriate for mediation or review by the prosecutor, the Intake Worker gives the complainant information about legal or social service agencies that may be able to address his or her needs.

What Happens if the Parties Reach a Settlement?

If the parties reach a settlement, the complaint is withdrawn. In most cases, parties in the hearing spell out the conditions of the settlement. These conditions are kept in a confidential record by PCMS.

If one of the parties fails to keep the terms of the settlement, the other party may report that breach to PCMS. When such a report is received, the case is reviewed by a prosecutor to determine the appropriate action to be taken. A prosecutor may decide to write a warning letter to the breaching party admonishing them to maintain the agreement terms, or decide to authorize a formal criminal complaint.

What if the Mediation Hearing is Unsuccessful?

If the parties cannot settle the dispute to their mutual satisfaction, either party may ask the mediator to present the case to the prosecutor who is on duty at the time of the hearing. The prosecutor makes an assessment of the case to determine whether or not there is probable cause to issue a misdemeanor warrant. If a prosecutor does not find probable cause to issue a warrant, the mediator provides information to the parties about other options which may include filing a civil suit, consulting a private attorney or contacting an agency that is able to address the problem.

Check Resolution Service for Businesses

Private Complaint Mediation Service has a special service for businesses that have complaints against parties who have written the businesses bad checks. PCMS can schedule a hearing for the businesses in an attempt to resolve the bad check complaints.

Businesses who wish to use the service pay a nominal filing fee that covers the operating costs of this service. As with the private citizen mediation, businesses have the option to have a prosecutor review the case for warrant issuance if the mediation is unsuccessful.

Mediation Advantages

	ť		The alleged defendant is spared an arrest record if the case is withdrawn, yet PCMS protects the complainant's right to present the case to a prosecutor when mediation is unsuccessful.

	ť		Both parties are given the opportunity to talk about the dispute as well as provide input regarding possible settlements.

	ť		Mediation settlements frequently involve a return of property or other restitution, whereas the Court can only impose such penalties in those few cases that result in convictions.

	ť		Hearings are scheduled at the complainant's convenience.

	ť		Parties can talk about the dispute knowing PCMS will not release information about the hearing to anyone.

	ť		PCMS makes referral recommendations to parties about social service agencies. These referrals may help the parties settle the dispute, meet immediate needs, or further explore problems that underlie the current dispute.

	ť		PCMS diverts from further criminal court processing 85% of the cases it schedules for private citizen mediation and 60% of the business bad check cases. This reduces the number of cases that could enter an already overcrowded court system.