<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 12.04.11.05" title_num="12" subtitle_num="04" chapter_num="11" heading="Mediation Participation.">
  <paragraph num="A.">
    <text>Participant Requirements.</text>
    <paragraph num="(1)">
      <text>Participation in a mediation program is voluntary and shall be agreed upon by the complainant, law enforcement agency, and police officer identified in the complaint.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A complainant or police officer who is the subject of a complaint of police misconduct has the right to decline mediation.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If a police officer who is the subject of a complaint declines the offer to mediate the complaint, the decision to not participate may not be considered during any disciplinary proceeding.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A party to mediation shall sign a letter of consent to mediate as an alternative to the formal police misconduct complaint process, outlined in COMAR 12.04.09 and the uniform citizen complaint process.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Confidentiality.</text>
    <paragraph num="(1)">
      <text>All parties involved in a potential mediation process shall agree to the confidentiality requirements as set forth in Courts and Judicial Proceedings Article, §3-1803, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Except as provided in Courts and Judicial Proceedings Article, §3-1804, Annotated Code of Maryland, statements shared during a mediation are considered confidential material and may not be disclosed in any judicial, administrative, or other proceeding.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Costs associated with participating in a mediation program are the responsibility of the law enforcement agency employing the involved police officer.</text>
  </paragraph>
</regulation>