I was given a referral for Private Complaint Mediation. What does that mean?
The Private Complaint Mediation Service (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.
It is best to bring your police referral to PCMS as soon as possible after receiving the referral; however PCMS will process the complaint beyond that three-day time period in place for warrant referrals. PCMS will also review cases without a referral from police.
A police officer responding to a citizen misdemeanor complaint has the discretion to refer the case to mediation unless an immediate arrest is warranted. You must go in person (click here for hours and location) 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.
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.