Conflict Resolution

The Litigation and Conflict Resolution Section of the Attorney General’s Office offers mediation services to resolve a variety of conflicts in a neutral, non-threatening environment. The mediation process saves time, as the disputing parties can often resolve their differences without lengthy and costly litigation.

This is a voluntary service for resolving discrimination complaints prior to, or during, the investigation process. This service is called mediation and is offered at no cost through the Conflict Resolution Program (CRP)).

Mediation

Mediation is an informal, confidential process where trained, impartial persons – mediators – facilitate discussions between charging parties and respondents to help them clarify issues and negotiate an agreement. The mediator does not act as a judge and will not make a decision. The parties retain control of the outcome. The mediation generally takes place either in the Phoenix or Tucson offices of the Civil Rights Division and takes between one and four hours.

If the parties reach a resolution, the terms are included in a formal, written mediation agreement that must be approved by the Civil Rights Division. When all of the parties have reached an agreement, the case will be dismissed. If the parties are unable to reach an agreement through the mediation process, the Compliance Section of the Civil Rights Division will pursue its investigation of the complaint. The Conflict Resolution Program (CRP) is separate from the Compliance Section and no information will be shared with the investigators about anything that occurs in the mediation process.

Benefits of Mediation

One of the primary benefits of mediation is that it provides the charging parties and respondents with an opportunity to resolve their disputes in a timely manner, without the time, cost and stress of having to participate in a full investigation process (potentially involving interviews, responding to document requests and subpoenas, on-site investigations of property, etc.). It also allows the parties to come up with their own solutions to the issues—which may be different from those achievable as a result of litigation. Other benefits include:

  • Participants retain control of the outcome
  • Confidential process
  • Builds communication skills
  • Minimizes time and expense
  • Non-threatening environment
  • Clarifies the issues
  • Convenient
  • Efficient
  • Non-judgmental – no blame
  • Preserves relationships
  • Quicker/cheaper resolution of dispute
  • Creative approaches to resolving dispute
  • Allows parties to be heard

Types of Mediation

The Attorney General’s Office provides mediation in the following areas:

  • Civil Rights Mediation – Civil Rights Mediations are set up by the Civil Rights Division. This type of mediation covers four areas of discrimination: housing, employment, public accommodations and voting. Volunteer mediators help facilitate the discussion between both parties. This process helps save time and helps the parties resolve their differences without costly litigation and lengthy investigation.
  • Truancy Mediation – Truancy Mediation services focus on utilizing the courts and the schools to find out why the student is missing classes and what can be done to correct the problem. As always, this process is confidential and looks at whether family problems, learning difficulties or other conflicts are contributing factors to the student’s truancy.
  • Victim-Offender Mediation – Victim-Offender Mediation is usually set up by the courts and is facilitated by a well-trained community mediator who supervises a face-to-face meeting between an offender and his victim and victims' families. This form of mediation serves to answer victims’ questions about the crime and help offenders confront the human consequences of their crimes and see their victims as human beings rather than objects. In some cases, mediation may be a condition of parole or probation.
  • State Agency Mediation – Various State agencies use the Attorney General’s mediation services to help disputing parties resolve conflict. Cases are often referred by State agencies when the agency wants disputing parties to resolve problems on their own. Each situation determines how the mediation program will be tailored.

Timing of Mediation

Most cases will be referred to CRP within approximately 10 days after the charge is filed. CRP staff then will contact both parties to ask them if they are interested in participating in a mediation session. If both parties agree to mediate, the investigation will be on hold (for two weeks if it is a housing discrimination case or for thirty days if it is any other type of discrimination case) so that mediation attempts can be made. If the mediation is unsuccessful, the case will be referred back to the Compliance Section to continue the investigation. (Note: If a party is interested in participating in mediation and does not wish to wait to be contacted by the CRP staff, he or she may contact CRP directly.)