patrol police officer conflict resolution processes

Pergamon Journal of Criminal Justice, Vol. 25, No. 2, pp. 87-101, 1997

Copyright © t997 Elsevier Science Ltd Printed in the USA. All rights reserved

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PATROL POLICE OFFICER CONFLICT RESOLUTION PROCESSES

C H R I S T O P H E R C O O P E R

Department of Sociology State University of New York

Potsdam, New York

and

Fulbright Scholar Sociologisk Institut

University of Copenhagen Kcbenhavn K, Denmark

ABSTRACT

This research provides a typology of police patrol conflict/dispute resolution processes~methodologies for addressing social interaction disputes (i.e., public disputes, community-based disputes, and interpersonal disputes). The methodologies that represent the focal point of the present research are mediation, problem solving, and problem management. These represent nonconventional methods of conflict/dispute resolution that can be practically and effectively applied by police officers in effecting police patrol objectives. Additionally, this article proffers a theoretical framework that underlies and propels the pragmatic application of the focal conflict/dispute resolution processes. There is a notion in police work that cops do not have time to be analytical and hence, are unable to employ nonconventional conflict/ dispute resolution skills such as mediation. On the contrary, the present research illustrates how many alternative forms of conflict/dispute resolution (i.e., mediation) available to patrol officers are very con- sistent with the pragmatic realities of policing. Police officers, for example, can improve their effectiveness in achieving police patrol objectives through becoming skilled at mediation and problem-directed policing. Many police scenes are amenable to resolution through nonconventional conflict/dispute resolution methodologies. Uniformed patrol police officers are capable of becoming skilled conflict~dispute resolution professionals by employing these methods. They can fulfill this role if instructed as to specific methodologies as well as how, through the methodologies, to methodologically, systematically, and professionally manage conflict situations. The idea is not to turn street cops into social workers or social scientists, but to perfect what police officers have been doing all along: conflict resolution. © 1997 Elsevier Science Ltd

INTRODUCTION

This research provides a typology of police patrol conflict resolution processes/methodologies

for addressing social interaction disputes (i.e., public disputes, community-based disputes, and interpersonal disputes). The methodologies that represent the focal point of the present research

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88 C. COOPER

are mediation, problem solving, and problem management. These represent nonconventional methods of conflict resolution ~ that can be prac- ticaUy and effectively applied by police officers in effecting police patrol objectives. 2 This article, additionally, proffers a theoretical framework that underlies and propels the pragmatic application of the focal conflict resolution processes.

The present research undertakes a pragmatic and uncommon primary focus: the "street cop." Its anomalous approach is via a scholarly presentation that systematically arranges particular nonconventional conflict resolution methods available to the street cop in addressing conflicts and disputes encountered on the street, in sub- way stations, etc. This scholarly approach will add to the theoretical basis of sociology, criminal justice, and conflict/dispute resolution.

Considering that this article conveys how the named methods of conflict resolution have pragmatic value for police officers assigned to uniformed patrol (hereinafter to be referred to as patrol officers or patrol police officers), this research tells the policymaker, the police admin- istrator, patrol police officer, and conflict/dispute resolution practitioner/professional:

1. How and why the conflict resolution methodologies known as mediation, problem solving, and problem management are appropriate for use by the patrol police officer (i.e., to defuse a scene; to prevent a scene from escalating; to make scenes safer for patrol police officers, to improve police--citizen reasons; and to prevent having to send a unit to the same scene over and over again).

2. When and where the conflict resolution methodologies known as mediation, problem solving, and problem management are appropriate for use by the patrol police officer.

3. The type of organizational structure and professional environment that is needed to enable a patrol police officer to employ the conflict resolution methodologies known as mediation, problem solving, and problem management.

4. Why the implementation of mediation, problem solving, and problem management into police protocol requires a systematic and professional approach.

This research identifies nonconventional conflict resolution methods that have pragmatic ap-

plication for patrol police officers when methodologically applied. The term nonconventional is intended, chiefly, to signify methods of conflict resolution that do not involve force, coercion, or arrest. The reader should recognize that methods of conflict resolution such as mediation, problem solving, and problem management are defined by this author as nonconventional because these are methods that are underutilized in police work. 3

Nonconventional conflict resolution processes or methodologies are suitable for use by patrol police officers for addressing disputes or conflicts characterized as public, barricade situations, community-based, and interpersonal, among many other types of conflicts and disputes. The primary types of nonconventional conflict resolution methodologies suitable for employment by patrol police officers include the three on which this research focuses (mediation, problem solving, and problem management), but include third party negotiation, 4 facilitation, 5 reconciliation, 6 counseling, and arbitration, as well. All of these methods of conflict resolution can be pragmati- cally and effectively applied by patrol officers in accomplishing police patrol objectives.

This research shows that police agencies need to not only increase usage of nonconventional methods, but also to perfect the manner in which these alternative methods and skills are employed. In this regard, the use of the word nonconventional allows for acknowledgement of the common and sincere attempts (although, many times inchoate) by many patrol officers to use nonconventional methods of conflict resolution (such as mediation) on police scenes. Such use would possess a more systematic character if: (1) police departments delivered professional nonconventional conflict resolution skills training to their patrol police officers (e.g., via entering into contracts with conflict/dispute resolution trainers to deliver training to police officers; this can especially be accomplished by police departments establishing relationships with university conflict resolution programs); (2) police departments mandated use of nonconventional conflict resolution methodologies via proclaim- ing the methods as official scene protocol for scenes that warranted it; (3) police departments provided rewards to police officers for the use

Police Officer Conflict Resolution 89

of nonconventional conflict/dispute resolution methodologies; and (4) more police officers pos- sessed higher educational credentials, because employment of nonconventional conflict resolution methods requires professional expertise. It is the case for most police departments that none of the listed characteristics have occurred (cf. Volpe, 1989).

Although this research endeavor did not include a quantitative methodology to measure the benefits of the employment of nonconventional conflict resolution skills by patrol officers, the literature and anecdotal evidence indicate the benefits of patrol police officers employing conflict resolution methodologies other than force, coercion, and arrest (Volpe, 1989; cf. Bard, 1973; cf. Folberg and Taylor, 1984).

Finally, this research is applicable to police systems in a variety of countries. Perhaps, its greatest applicability is to police patrol in the United States, Canada, and England.

AN ANALYSIS OF THE LITERATURE

There is a great deal of literature that emphasizes the benefits of peaceful conflict resolution methods in order to achieve harmony in the world. There is also literature that focuses on conflict resolution stratagems in public schools, cor- porations, and alternatives to litigation (Folberg and Taylor, 1984); however, scholarly writings concerning specific nonconventional conflict resolution methods (mediation primarily) contempo- raneous with chatter about police are very recent.

A great deal of the conflict resolution literature, relative to policing, addresses policing only indirectly and/or in a macro sense. The emphasis is usually on the relationship between conflict resolution alternatives/programs in relation to the criminal justice system (i.e., alternatives to litigation), or the relationship between conflict resolution programs and community policing (i.e., police referrals to local conflict/dispute resolution centers). There has been little research done with a primary focus on patrol of- ricers and their compatibility with specific conflict resolution methodologies. The research that has been done will be discussed shortly. First, let us consider other relevant macro research.

Writings regarding Goldstein's (1990) "Prob- lem-Oriented Policing ''7 represent much of what is found in the literature that could be consid- ered related to the employment of nonconventional conflict resolution processes by police. Even so, the approaches taken by authors tend to focus on three phenomena: (1) police administra- tion's adopting problem-oriented policing stratagems; (2) incorporating problem-oriented policing approaches into community policing initiatives so as to enlist community members in achieving police and community objectives; and (3) evalu- ations of problem-oriented policing initiatives.

Problem-oriented policing is a concept that calls on a patrol officer to address many calls for service in a substantive manner rather than through the superficial approach, which is common in many police systems. Goldstein's (1990) problem-oriented policing is not a dissertation on nonconventional forms of conflict resolution, nor does it directly discuss police as mediators. His scholarship emphasizes the role of police officers as problem solvers and how they might address problems they encounter through a methodological approach. In fact, Goldstein's scholarship, although never described by him as conflict/dispute resolution literature for police, and usually not mentioned in discourse regarding police and conflict/dispute resolution processes, is indeed a key for understanding police officer conflict/dispute resolution processes (especially those processes related to police patrol), s It goes without saying that Goldstein's work confirms the scientific validity of the present study and bolsters the recommendations of this research.

Muir's (1977) findings, through dialogue on eloquence, indirectly indicate the values of conflict resolution skills. He remarks that eloquence enriches a police officer's "repertoire of potential responses to violence and permits him to touch the citizenry's souls--their hopes, [and] their fears ''9 (Muir, 1977:4).

As to scholarly writings directly related to nonconventional conflict resolution processes and patrol police officers, there are three stud- ies/publications by Bard (1970, 1973, 1975). The writings have as a common focus the role of the patrol officer as an intervenor in family [crisis] conflicts. His research has an objective of decreasing the danger for police officers

90 c. COOPER

when they address family disputes and making the handling of family conflicts by police more efficient, Bard (1970) found that arming police officers with interpersonal skills of the nonconventional type increases police officer safety and reduces family assaults and homicides.

The title of Bard's 1975 study (The Function of the Police in Crisis Intervention and Conflict Management) suggests that it is strongly similar to the present study. Notwithstanding the com- petency of Bard's research, and similarities of his scholarship to this author's research, there are distinguishing differences between them. Bard's focus is that of how police departments, police managers, and instructors can develop family crisis intervention programs.

Overall, Bard's (1970, 1973, 1975) publications represent adept family crisis intervention training guides or manuals for police. This is il- lustrated by his presentation of how police agencies can select appropriate trainers and consultants, as well as methods for measuring program effectiveness. Bard even provides the reader with specific suggestions as to the construct of standardized forms. The nonconventional intervention approaches mentioned include arbitration, counseling, telephoning, and bargaining. All are largely presented as suggestions to police administrators through scripts and simula- tions intended for use in training exercises.

Lawson's (1982) research is distinguished from the present research. He focuses on patrol police officers; however, the crux of his study is an analysis of the mediation function within police work via a focus on the attitudes and values of individual police officers. He tries to show how police mediation activities place officers between the system and the public and influ- ence virtually all aspects of a patrol police officer's job (Lawson, 1982:xiii). Even more distinguishing from the present research, Lawson uses the term mediation in a strict and literal sense. His work does not mention the role of a neutral third party assisting disputants in fashioning a resolution to a dispute, as is the connotation of the term in the conflict/dispute resolution field.

The Police Executive Research Forum study by Glensor and Stern (1995) emphasizes a collaborative effort between police and dispute resolution professionals. Specifically, it stresses

how such a relationship can improve the quality of life in communities throughout the United States by description of effective police/dispute resolution partnerships in San Francisco and Chicago, among other places (Glensor and Stem, 1995:5).

This author (Cooper) feels that what distin- guishes the present study most from the research done by Glensor and Stern (1995) is the emphasis they place on what dispute resolution centers can do for police officers rather than on what police officers can do for themselves, which is the topic of the present research.

Furthermore, Glensor and Stern (1995:3, 7, 8, 10) confuse their discussion by frequently misusing the term dispute resolution. They use the term as if it only represents mediation, when in fact dispute/conflict resolution defines a di- versity of methodologies for addressing conflicts and disputes. Moreover, in contrast to the position taken in the present research, Glensor and Stern define the role of patrol officers as that of merely referring disputants to local dispute resolution centers--so to leave the nonconventional conflict resolution to what they term as "skilled dispute resolution professionals" (Glen- sor and Stem, 1995:7). This is an ideology that calls for patrol police officers to act as peripheral agents. 1°, 1~ Glensor and Stem's article does not take the proper position. The proper position is that the patrol police officer must be the skilled conflict/dispute resolution professional.~2

Meeks (1993) discusses the patrol officer, and in the context of mediation also emphasizes the patrol officer's role as a referral agent. His findings differ from Glensor and Stem's (1995) in that he champions the use of community relations police officers as mediators. In his design, patrol police officers would act as referral agents to community relations officers assigned billets, who have received mediator training. The present research is distinguished by its call for professional nonconventional conflict resolution training for all patrol officers.

Volpe (1989) addresses two major uses of mediation by police: mediation as an intervention strategy by police officers and the role of police officers, in a skilled capacity, referring cases to dispute/conflict resolution centers. Volpe and Christian's (1989:8) "Mediation: New Ad-


dition to Cops' Toolbox" supports the present research in that it emphasizes how the use of mediation skills by a patrol police officer can "define a situation, avoid escalation, and reduce the need to return to the same situation in the future."

METHODS

Content analysis 13 represents the primary methodology employed in this research endeavor (inclusive of historical review of the relevant literature). The secondary method is that of secondary analysis. The data reanalyzed were obtained through this author's participant observation (police ride-alongs and walk-alongs) pursuant to field research in Cleveland, Philadel- phia, Chicago, and Smithfield, North Carolina. Additionally, much of the participant observation material was collected in connection with the author's duties as a uniformed patrol police officer.

The participant observation enabled observations of patrol police officers as they addressed calls for service. Scenes included public disorder, community-based disputes, and violence, among others. A combination of the content analysis, secondary analysis, and field research allowed for the findings presented in the research as well as for the development of what is a typology of police conflict resolution processes/methodologies. The typology is applicable to calls for service that involve social interaction conflicts, such as public disputes and interpersonal disputes.

Units of analysis were police officers assigned to uniformed patrol duties. Uniformed patrol police officers were operationally defined as fully sworn police officers who were assigned to patrol duties in one or more of the following capacities: foot patrol, scout or unit car, wagon, scooter, transit, bicycle, motorcycle, and mounted.

Rationale for Methodology

The rationale for focusing on uniformed police officers assigned to patrol duties is relative to this author's intent to engage an analysis

through a much needed microperspective. ~4 In other words, to conduct an analysis focused on the police officers who often represent the first government response (literally and physically) to a situation (hereinafter, often referred to as "scene"); and to focus on the officers who, in contrast to police officers assigned to other duties, must confront interpersonal conflicts and disputes on a frequent basis. The patrol officer has a role unlike that of other police officers. His/her role is a spectacular one that constantly heaves challenges. Many of the challenges do not test his/her marksmanship or brute strength, but are challenges that test his/her wit, sophisti- cation, analytical ability (includes judgment), perceptiveness, and listening skill. His/her role in the conflict resolution arena is as a constant player. On the other hand, the detectives, albeit their own splendor and wit, avoid the consis- tency of the episodic confrontation.~5

Finally, the street police officer is much like an ambulance attendant functioning away from the hospital--the police officer lacks the ease of an environment in which beverages are con- sumed and disputants sit comfortably in deco- rated surroundings. Like the ambulance attendant who has to work with what he/she has, the patrol officer must handle the dispute (raw as it may be) in the environment in which it occurs.

This research sought to determine which non- physical force, noncoercive, and nonarrest conflict resolution methodologies enable a descrip- tive picture and understanding of the patrol officer's duties and which conflict resolution methodologies are appropriate for a patrol police officer in fulfilling his/her mandate.

METHODS OF CONFLICT RESOLUTION FOR POLICE OFFICERS 16

Common methods of conflict resolution used by uniformed patrol officers include:

1. legitimate use of force (i.e., physical force, deadly force);

2. arrest; 3. coercion and or threats to arrest; and 4. avoidance (in reality, not a method at all, but a

response verses a resolution).

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A common form of conflict resolution uti- lized by police officers is that of force. The police mandate is generally described in the context of police having a legitimate right to employ force (cf. Bittner, 1990; Wilson, 1968). Although the police mandate, in reality, is far broader and notwithstanding occurrences involving illegitimate use of force, there are times when the conflict resolution method known as force is used by police legitimately, although uneventfully and or fatally (i.e., firing of a service revolver).

Sometimes the conflict resolution method used is characterized by coercion or intimidation. For example, threats by the officer to arrest the disputant if the individual does not conclude the dispute.

In other cases, a police response is characterized by the police simply doing nothing. This author calls this avoidance. Patrol officers arrive on a scene and do nothing pursuant to their discretionary authority. Police may neglect to act in violation of their mandate, or engage in one of the following: (1) threaten arrest or cus- todial arrest when arrest is not a legal alterna- t i ve - these are situations in which everyone present is taken into custody, with police intent on sorting it out later at the station; (2) use illegitimate force (i.e., striking) or threaten to use illegitimate force (i.e., coercion by threat to strike); or (3) disperse disputants (telling one disputant or even both to "take a walk") when police action such as arrest is warranted (i.e., in cases of domestic violence).

Those conflict resolution methods that are nonconventional include mediation, arbitration, third party negotiation, facilitation, reconciliation, counseling, problem solving, and problem management. Here the focus is on mediation and what this author calls the problem-directed approach (includes problem solving and problem management).

Mediation

The term mediation has a meaning within the conflict/dispute resolution profession. Its defini- tion includes the assistance of a neutral party in resolving a conflict between disputants. Specifi- cally, the mediator (the neutral third party) does not impose a decision, rather, he/she assists the

disputants in fashioning their own agreement through his/her facilitation of the process. The officer's role is that of setting the stage for mediation, listening to the disputants, helping the disputants frame the issues; keeping the mediation goal directed, and assisting them in fashioning their own resolution. The latter, especially, illustrates how mediation is a process in which all disputants emerge as winners.17

Lawson (1982:xiv) is incorrect in asserting (regarding mediation), that "no matter what the officer does, someone is going to be unhappy." The mediation process is a win-win process. When mediation is successful, all disputants leave the process winners and having fashioned their own agreement. Undeniably, there are times when a disputant leaves the process having accepted an agreement that offers less than what the individual most preferred; but do not confuse the issues, the officer is not imposing a decision on anyone in the mediation process--the agreement is fashioned by the disputants.

Consider that disputes typically have two layers, an underlying and manifest. In this, perhaps theoretical, context the terms dispute and conflict are distinguishable (cf. Folberg and Taylor, 1984). The word conflict defines the underlying rift. 18 It is thought of as the guts or root of the matter in disagreement. On the other hand, the dispute is the manifestation of the conflict. It can be described as manifest behavior. As a result of the manifestation, the conflict or dispute is brought to the attention of others. It is when this manifestation shows itself to patrol police officers that they have a duty to act.

Often, patrol police officers encounter disputes in which mediation by them (they act as neutral third parties to the dispute j9) is a viable method to resolve the dispute. For mediation by a patrol police officer to be appropriate, the following criteria should be included in the process: (1) the disputing parties are ascertainable (and eventually available to partake in mediation); (2) at least two people are in dispute; 2° (3) the immediate manifest dispute has not involved physical violence between the disputing parties; 21 and (4) the disputants are willing to participate in the mediation process. Examples of such disputes could include property disputes, vendor-customer disputes, landlord-tenant


disputes, boyfriend-girlfriend disputes, and a variety of others.

Mediation by a patrol officer can take two forms (the form names and concepts are those of this author): (1) conflict, or dispute management, and (2) substantive resolution. 22 Begin- ning with the former, 23 the term signifies that the conflict or dispute is brought to a manageable level through mediation by the patrol officer. These are scenes in which the manifest dispute only (not the underlying) has been resolved. These are also situations when time does not permit for full (substantial or complete) resolution, or time does permit, but the most skillful police efforts are unable to bring about a full resolution to the dispute; however, good police work through a mediation approach enables the dispute to be brought under control (to a manageable level). This concept represents what this author calls conflict management mediation, since mediation did occur. If mediation did not occur, but the scene was brought to a manageable level, then the term conflict management mediation would not be appropriate.

The term resolved can be used to describe the outcome relative to the manifest dispute; 24 however, in some cases when conflict management mediation has occurred, patrol police of- ricers must not neglect to make a "referral." The referral component is key. It represents the place to which the patrol officer refers (sends) the disputants in order that the underlying dispute is addressed or that other needs are served. 25 A referral by a patrol officer should not suggest that the patrol officer lacks conflict resolution expertise, rather there are occasions when the patrol officer would be wise to refer the dispute to another agency. (Specific reasons for this are addressed throughout this article. 26) Typical types of agencies to which referrals are made include local conflict/dispute resolution centers, but also social service agencies (e.g., Department of Health and Human Services).

Conflict management mediation can be ac- ceptable and represent noteworthy police work. The reality is that many disputes are extremely deep rooted. Police officers cannot be expected to be magicians. In many cases, outstanding, nonconventional conflict resolution has been effected and good police work accomplished

when the chaos is stopped and the disputants are provided with the appropriate referral or referrals (i.e., referral to a neighborhood dispute center).

Mediation can take the form of what this author calls "substantive resolution." These are situations in which the uniformed patrol officer uses mediation to bring the dispute to a full and complete resolution. Unlike conflict management mediation in which the manifest dispute is the only layer addressed or resolved, substantive resolution signifies resolution of the manifest and underlying dispute/conflict. 27

When mediation is thought about, perhaps, it is thought about as occurring in only structured environments--in fact, it might be assumed that it is this structure that enables attention to be given to necessary formalities of the process (e.g., one person talks at a time). It would be prudent to abandon this notion. Realize that formal mediation can be conducted by uniformed patrol officers on the street, in a bar, or on a bas- ketball court, among a multiplicity of venues. There can be community or congenial structure at the most chaotic scenes. In fact, many patrol police officers have been creating this diplo- matic and citizen empowerment structure on police scenes (although often inchoately because of a lack of nonconventional conflict resolution training) since the beginning of modern policing.

Mediation by patrol police officers is most appropriate for disputes that are episodic in nature (singular event in time). The case is often a dispute that represents an episode without a history; specifically, there are no underlying issues in the dispute. The police role is that of assisting the parties in fashioning a resolution relative to the manifest matter; the manifest matter is all that represents the issue(s) in dispute. For example, a dispute in a public park between pic- nickers, unknown to one another, over who has the fight to a particular grassy area, absent nei- ther party possessing a [special] permit; or a dispute over use of a pool table in which the disputants do not know one another until the start of the dispute and will never have reason to see one another in the future.

In contrast, there are disputes that have underlying issues (or what can be referred to as a history), but are episodic, and, in spite of a history, do not require substantive resolution by

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police officers. Albeit the existence of underlying issues that the disputants may even fully recognize, they want nothing more than the manifest dispute (issues) addressed, hence there is no use in dredging-up underlying issues. An example is the all too common "assist with clothing/property call" pursuant to an agreed sev- ering of ties between roommates or pursuant to the issuance of a restraining or stay-away order. Often, one of the parties has summoned the police for assistance in retrieving property from the former residence. The matter in controversy is property. 28 In the role of mediator, the patrol officer can assist the disputants in fashioning their own agreement as to which property is re- moved from the dwelling.

Crisis Scenes

Certainly, many social interaction disorder scenes that patrol officers encounter are crisis situations (e.g., emergency or chaotic situations). Sometimes, because of the crisis, general conflict management or conflict management mediation is the only achievable end. Again conflict management, such as conflict management mediation, can represent good police work, although sometimes represented by a temporary resolution.

More important, it is prudent to realize that not all crisis situations are marked by instability of disputants, lack of time to mediate by officers, or decreased reasoning skills on the part of the officer. There are many crisis situations when there are sufficient units on a scene, hence, there is time and available officers to mediate. Granted, no one is perfect, but the observations of this researcher pursuant to his field research and his own experiences as a police officer, indicate professional patrol police officers typically possess the ability to keep a cool head even on the most critical of scenes. In this regard, mediation is a method patrol police officers can engage effectively if the disputants are willing participants and, themselves, cool-headed.

At police scenes characterized by crisis, in addition to the matter representing the crisis, other disputes that are mediation appropriate come to the attention of the patrol police of- ricer. For example, a man voluntarily and delib-

erately puts his hand through a window to dis- play aggression in an argument with his wife. Police arrive to render assistance and find the man's mother and wife involved in a heated argument in which the mother blames the wife for causing her son to put his hand through the window. The mother and wife are not in violation of the law. This is an event that can be mediated even if the outcome is the resolution of the manifest dispute only, or the outcome represents the scene being managed only. Provided that there are sufficient units on the scene (to attend to the bigger emergency), a patrol police officer should attempt mediation.

When Mediation is not an Alternative

There are instances when the patrol officer is in no position to mediate. It is the case that the dispute can be mediated, but it is bested for attention by a more pressing matter (e.g., the dispute is a peripheral one or a component of a larger issue). Although the patrol officer may not be able to mediate, these are situations in which an officer's mediation skills bolster his/ her arsenal of professional police responses. Perhaps mediation will not occur, but by virtue of his/her mediation expertise, the officer will employ appropriate conflict resolution skills.

A police officer should be skilled in calming a situation and assisting disputants in thinking rationally. Even when a patrol officer displays such expertise, in some situations, particularly those having grave crisis characteristics, disputants lack the frame of mind to partake in the mediation process because of panic, fear, or shock, among other reasons. These are times when mediation by a patrol police officer is not an alternative.

Then there are situations when there is an ex- treme power advantage held by one of the disputants (e.g., one disputant is grossly intimi- dated by the other). Certainly, good mediation skills enable the balancing of the playing field, but not in all cases. These are times when mediation is not always an alternative.

Certainly, there may be times when disputants may not be willing to mediate--after all, mediation requires willingness to participate on the part of the disputants.


Problem-Directed Approach

The term problem-directed approach was created by this author. He would have used Goldstein' s (1990) "problem-oriented policing" approach, however, that approach differs in sev- eral regards from the present. Specifically, the problem-directed approach is relative to conflicts involving only social interaction, whereas problem-oriented policing is applicable to conflicts involving social interaction as well as those that do not, such as nuisance violations (i.e., lack of street lighting in a neighborhood with elderly housing).

The problem-directed approach includes two methods: problem solving and problem management.

The problem-directed approach differs from mediation in that it incorporates a variety of other nonconventional conflict resolution methods. For example, pursuant to the problem-directed approach, mediation or arbitration is conducted by patrol officers. The problem-directed approach is geared to conflicts requiring long-term attention and resolutions. Criteria includes a conflict or dispute involving a large group of disputants, many of whom are not easily identifiable; the issue in controversy transcends a personal dispute; and the issue in controversy manifests itself in such a manner that a police response is warranted.

For example, consider a specific group of rowdy, noisy teenagers who frequently gather on a specific street comer in the evening and late night hours. If there is a nonviolent conflict/ dispute between two of the youths that is brought to the attention of the police, then this is a conflict/dispute that is mediation ripe. Commonly, this type of conflict is usually addressed on the scene through mediation of the substantive or conflict management type.

On the other hand, if the noise from, and activities on the street comer of the youths are described by neighbors as detrimentally affecting the quality of life in the community (e.g., dis- turbing the peace), the conflict/dispute likely requires a full-time extended approach by patrol officers. Typically, these are situations that seem never to be resolved. The police are summoned by neighbors night after night. The police dis-

burse the teenagers only for the youths to return when the officers have gone onto the next as- signment. The failure of the police to handle the situation has placed them in poor regard with the neighbors. The nature of police contacts with the youths has made worse an already strained relationship between police and youths. This is a classic situation in which police can benefit from the problem-directed approach. There are two reasons: (1) the approach is likely to either manage or fully resolve the problem and (2) it will enable positive relations between the police and members of communities that they serve, hence there is less likelihood of conflict between police and citizens.

Considering that the police cannot post an officer at every street comer from which teenagers disturb neighbors; that the dwellings and nearby street comer cannot be relocated; and that there aren't many places for area teens to congregate, the patrol police officer should recognize that this conflict will continue into the future if met with traditional police responses. Furthermore, the problem adversely affects the police by way of repeat calls.

Pursuant to a problem-directed approach, patrol police officers could undertake finding a resolution. They could engage in shuttle diplo- macy to arrange a meeting between the groups, or to solidify an agreement between the teenagers and neighbors. Perhaps the best approach is that of the patrol officer contacting the appropriate municipal agency and working closely with it to develop an appropriate place for teens to congregate (e.g., transforming an abandoned lot or erecting a concrete park). Last, but not least, the patrol police officer could arrange with school officials for the teens to use a school gymna- sium after hours.

The problem-directed approach is best defined as a nonconventional conflict resolution methodology. The two methods that comprise it (problem solving and problem management) could qualify as submethods, since they provide fitting descriptions of an outcome employing the problem-directed approach (e.g., problem/ dispute is solved or is managed). They can also be defined simply as methodologies, since there are instances when a patrol officer has reason to know at the outset which approach is applicable.

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The following is an illustration. Problem solving is that method of the problem-directed approach that is characterized by a complete resolution of the matter--the problem has been solved. The conflict or dispute outcome is characterized by a resolution that is either transfor- mative based (the relationship of the disputing parties is transformed for the positive) or settlement based (there has not been a transformation of a relationship, rather the dispute has been resolved completely/fully via a settlement type agreement, that is, a settlement reached via third party negotiation in which the patrol officer was the third party intervenor/facilitator). 29

Problem management signifies that the problem has not been solved, but is being managed. The resolution arrived at does not represent that the problem has been solved, rather that a truce of sorts has been brought about. In cases where the police are the appropriate agency of first response for the type of problem in issue, the truce makes the police an integral part of assur- ing that the truce remains in tact. In contrast, conflict management mediation ultimately enables police officers to wash their hands of a situation via an episodic dispute's demise, or by way of referring disputants to an outside agency. This is not always possible with regard to problem management. In many cases, the dispute cannot be passed on to another agency, 3° especially because the truce-type agreement imposes a long-term responsibility on the police of taking continuous preventive measures to prevent repeat chaos. It can, therefore, be said that the police manage the problem.

POSITIVISM AND METHODOLOGICAL POLICING

There are a variety of theories, such as ex- change theory, that enable an understanding and rationale for the use of mediation, problem solving, problem management, and other nonconventional conflict resolution methods by patrol police officers. Another theory, positivism, deserves special attention.

Positivism can be described as a school of thought, but this discussion does not engage such a perspective. This discussion addresses

positivism as it relates to procedure and as it is a theory that posits that phenomena in the world can be understood through the application of science (cf. Comte, 1975).

In its procedural form, positivism is the systematic process by which understanding and knowledge are acquired. The step-by-step (scientific) process for obtaining understanding is often called application of the scientific method (development of a theory; operationalization of variables; and then performance of a methodology, such as field research, experiment, or sur- vey research). These procedures give positivism a pragmatic character.

Positivism is directly linked to nonconventional conflict resolution methods. Positivism in its procedural stance propels application of mediation and other nonconventional conflict resolution methods by providing a systematic approach to their employment and evaluation. Positivism in its theoretical posture enables a theoretical framework for rationalizing, conceptualizing, and understanding the general need for nonconventional conflict resolution methodologies, as well as the reasons for their needed employment by patrol police officers. Both the procedural and theoretical postures allow for the following relative to policing in general:

1. Successful application of nonconventional conflict resolution methodologies.

2. Providing ways for researchers and police administrators to measure and evaluate the effectiveness of police conflict resolution methodologies.

3. Constant perfection of the application of nonconventional conflict resolution methodologies.

Police departments can benefit from adherence to sociological positivism. By such adherence, police agencies would encounter problems (e.g., repeat calls for service), then apply the scientific method to the problems, via development of a research design, in order to under- stand the problem and to determine the best strategies and alternatives for addressing the problem. Additionally, this author (Cooper) asserts that a sociological positivistic approach includes looking to, and relying on, the available, external scientific research (e.g., university research) in achieving patrol ends.


Following such use, sociological positivism can be adhered to again when the police department uses the scientific method to conduct an evaluation to determine the effectiveness or noneffectiveness of an initiative that was the product of an earlier scientific stratagem. For example, police departments can employ the scientific method in attempts to determine the benefits of nonconventional conflict resolution methods. Importantly, these scientific evalua- tions allow for the development and formula- tion of sound policing policy.

Additionally, through adherence to tenets of sociological positivism, patrol police officers can properly employ nonconventional conflict resolution methodologies. That is, a large part of employment of nonconventional conflict/dispute resolution methodologies requires methodological analyses by the patrol officer to diag- nose a problem, to select the proper method, and to apply the process in a systematic fashion.

Of the nonconventional conflict resolution methods in issue in this article, the problem- directed approach is most amenable to full adherence to procedural positivistic tenets. Sim- ply, through a scientific method, patrol officers can systematically or methodologically investi- gate a problem. Patrol police officers can adhere to the basic tenets of sociological positivism through engaging in research endeavors pursuant to a problem solving or problem management endeavor. Certainly, it is hoped that any such activity is guided by police consultants, ac- ademicians from a local university, and/or the planning and research section of a police department.

NONCONVENTIONAL CONFLICT RESOLUTION APPLICATION ISSUES

There are a variety of impediments to the employment of nonconventional conflict/dispute resolution methodologies by patrol police officers. These include the existence of many police departments that adhere to orientations (i.e., le- galistic and militaristic) and philosophies that are antagonistic to change (e.g., a department that is committed to conventional conflict resolution methodologies); that are opposed to any

activity perceived not to represent crime fighting; and that are opposed to any activity that forces police to interact closely with citizens. Additionally, there are too many police systems in which police officers are not rewarded for nonconventional conflict resolution successes.

This author's discussion of sociological positivism highlights the most serious impediment. Consider that mediation, problem solving, problem management, and the other nonconventional methodologies previously mentioned must be employed in a methodological/systematic manner. This author points, out that employment of nonconventional conflict resolution methodologies by patrol police officers requires professional and scientific application. To satisfy the former and latter, police departments must first profes- sionalize, then must recruit police officers who either arrive having professional conflict/dispute resolution training or are able to intellectually endure protracted professional training.

With law enforcement officers usually being the first persons to encounter parties involved in public and community based disputes, the need for officers to be trained and able to employ nonconventional conflict resolution skills is great (Meeks, 1993). At a minimum, patrol police officers must possess a basic understanding of how to apply the scientific method. The incredi- bly complex role that must be fulfilled to employ nonconventional conflict resolution processes, such as mediation, problem solving, and problem management, "is anything but mundane and the consequences of incompetent third party intervention may be very serious" (Bard, 1973:4).

The objective is to recruit personnel who possess the intellect to become conflict/dispute resolution professionals. By filling this billet, the patrol police officer can professionally and systematically conduct the necessary analyses that are called for in addressing many disputes. Additionally, the officer must possess the skill to diagnosis the dispute, select the appropriate response, and then employ it. 31

Notwithstanding the listed impediments, in- cluding the lack of professionalized police agencies and the fact that there are police officers in- capable of grasping nonconventional conflict resolution skills, these impediments should not mean that there should not be attempts to teach

98 c. COOPER

patrol police officers to employ nonconventional conflict/dispute resolution methodologies. It should be noted that there are many patrol police officers who are enthusiastic and intellectually equipped to employ nonconventional conflict resolution methodologies. Yes, there are police departments that will recognize the benefits of nonconventional conflict resolution methodologies and merge them with their scene protocol. Granted, until police systems in many societies (especially, the United States, Great Britain, and Canada) undergo a major transformation to professionalization, nonconventional conflict resolution strides will be lim- ited, yet worthwhile in many communities in the world in which we live.

HISTORICAL FRAMEWORK RELATIVE TO PATROL OFFICER CONFLICT

RESOLUTION

In order to address conflict resolution methodology relative to patrol policing, there must be an understanding of issues related to the mandate of patrol police officers. Patrol police officers in many societies are given a mandate of crime fighting. In England in 1829, among the tenets of the Metropolitan Police Force was: "To recognize always that the test of police efficiency is the absence of crime and disorder and not the visible evidence of police action in deal- ing with them." In Canada, Great Britain, and the United States, this mandate has been accepted.

Many police officers see their "real job" as that of getting bad guys off of the street (Baker, 1986:42). The idea of police officers acting as anything else has not easily been accepted by police administrators or rank and file officers (Bittner 1990; Baker 1986). Not surprisingly, officer performance, in many police systems, is evaluated according to the number of arrests an officer makes. In other systems, the obsession with efficiency means that police are rewarded for the amount of paperwork they generate or the number of traffic summonses they issue. In relation to the employment of nonconventional conflict resolution skills, police officers are sel- dom rewarded for using them, such as when an

officer defuses a scene or takes actions that avoid his/her having to shoot a suspect (cf. Volpe, 1989; Lawson, 1982; Bittner, 1990).

Not surprisingly, this author's field research, and Volpe and Christian's (1989) research, includes findings that some police agencies are not enthusiastic or willing to afford their patrol officers with the time to engage in nonconventional conflict resolution processes. Mediation of a dispute or employment of the problem- directed approach requires longer time on scenes than many conventional police responses. The extra time is needed especially because of the systematic process in which nonconventional conflict resolution methodologies must be employed. In many cases, when officers take the extra time to mediate a dispute, or employ problem-directed approach principles, they are perceived by administrators as "milking" an assign- ment--that is, they are perceived as prolonging the call in order to not have to answer another. The officer's productivity is perceived as de- clining. Not surprisingly, clearing scenes expe- diently and great emphasis on response times are prominent features of many police departments. Not enough attention is on the conflicts that would be less likely to escalate if met by nonconventional conflict resolution skills of the professional patrol police officer.

An unknown author remarked that English police have a strong aversion for tasks that could be perceived as those of social service workers (e.g., duties of a department of welfare employee). As would be expected, many police administrators and line officers, 32 when tasked with addressing conflicts in a community more than superficially, incorrectly perceive that they are being expected to forego their role as police officers. 33 This ~uthor asserts that crime fighting represents a significant component of policing (especially in many urban areas).

There are many instances when crime fighting involves (and/or requires) the use of conflict resolution skills other)than use of force or arrest in particular. An exa/'nple is that of rescuing a man from an unruly mob that is preparing to beat him up, in a public h~using project, on the midnight shift, on a muggy~ummer evening, in a situation in which the p61ice are extremely outnumbered. In this situatio~n, the police may


have to negotiate with the mob in an effort to en- sure the man's safety as well as calm community. 34

Nonconvent ional conflict resolution methodologies are not often seen by patrol police officers as having practicability as patrol police responses. This notion is in relation to another notion in the police subculture that officers do not have time to be analytical and that such thinking is dangerous. Both premises are terribly wrong. This author does not want to do away with an officer's "sick feeling" or c o m m o n sense, but he suggests that patrol police officers also approach conflict situations methodologically/systematically. 35

In scientific terms, many patrol police officers are rightfully saying that functioning as a theorist will get an officer killed because this means, perhaps, spending a tour of duty theorizing. Many patrol police officers fail to realize that to be analytical on police scenes is to be more than purely theoretical. It involves giving needed pragmatic meaning to controversies (particularly interpersonal) to which the police are summoned. Moreover, patrol police officers should already be doing this. Nonconventional conflict resolution methodology only calls for it to be done non-haphazardly. So where the practice of analysis makes excellent use of a patrol police officer's time and reduces life threaten- ing risks, theorizing alone is likely to get a police officer killed on the street--being a good analyst and conflict resolver will not.

The idea is not to turn street officers into social workers or social scientists, but to perfect what police officers have been doing all along: conflict resolution.

NOTES

1. Notwithstanding differences between the terms conflict and dispute, for the purpose of this article, the terms are interchangeable. This is also the case relative to the terms conflict resolution and dispute resolution.

2. This research is not intended as a "how-to" guide. The intent is to identify, justify, and convey relevant theory and conflict resolution methods. Moreover, this article is not about police departments that maintain conflict resolution programs pursuant to community policing initiatives. Nor is it a measure of effectiveness of police conflict resolution training. This study represents applied research and/or policy research. Reasons for a theoretical perspective in such an endeavor illustrate the author's belief that applied and policy research, even with their action-oriented approaches,

should provide policymakers with the theory that makes for sound policy rationale.

3. These are methods that are not necessarily foreign to police work. Some police officers have been employing such methods since the beginning of modern policing. Notwith- standing successful outcomes, in this regard, when police officers conduct mediation, for example, the effectiveness of nonconventional approaches is often in jeopardy because the employment of the approaches is often inchoate and because the officers employing them have not had formal training relative to how the processes should be engaged.

4. This author asserts police officers can fulfill roles as negotiators. This is in contrast to the manner in which negotiation is described by other scholars. For example, according to Warters (1994), negotiation occurs between disputants without the intervention of a third party. This author begs to differ. He asserts that police can act as third party negotiators through their facilitation of a process that has, as an objective, a negotiated agreement. Further, the position taken by this author should illustrate distinguishable facilitation roles of police officers; simply stated, not all facilitation roles have a negotiated agreement as an end.

5. Police officers can facilitate communication in order to restore communication and/or reunite disputants. This author asserts that facilitation differs from conciliation. He asserts that the term conciliation has too broad a meaning and creates a void in understanding the role of police officers as facilitators. This author argues that facilitation is a methodology that can occur independently, but usually is appropriate when police seek to bring about reconciliation or a negotiated agreement (e,g., the police facilitate communication so to effect reconciliation). So, facilitation as a methodology should often be described according to the type of resolution sought.

6. When reconciliation is attempted by a police officer responding to dispute, his/her role is as neutral third party who sets out to reestablish a relationship. In the interest of harmony within a particular setting or community, through employment of a reconciliatory process, the police officer may take steps to reconnect a relationship.

7. The concept, problem-oriented policing, was devel- oped by Goldstein (1990).

8. Goldstein's work should be recognized for its contri- bution to conflict/dispute resolution literature.

9. Muir (1977) addressees eloquence also from the perspective that it enables police officers to develop moral equanimity and what he calls a "tragic sense."

10. Volpe (1989) discusses two areas from which police officers can approach mediation: as mediators and as referral agents. Notwithstanding the terminology of the latter area, her article does not imply that police officers are mere peripheral agents, as does the article by Glensor and Stern (1995).

11. Conflict/dispute resolution trainers represent significant assets to police departments in the context of deliver- ing training in nonconventional conflict/dispute resolution methodologies to police officers.

12. There should be situations when the patrol police officer would have to forgo taking full professional respon-

100 c. COOPER

sibility for a scene, still he/she should be skilled relative to conflict/dispute resolution processes. That is, the officer should be skilled as a conflict resolution triage agent for scenes that warrant referrals to conflict/dispute resolution centers. This expertise would entail patrol police officers having received training that would enable them to know how to systematically discern when a referral to a conflict/ dispute resolution center is appropriate and then to properly arrange for the referral.

13. Content analysis is appropriately defined as the ex- amination and analysis of social artifacts, such as written documents (Babbie, 1986).

14. The United States, Canada, and Great Britain can benefit from an analysis that focuses specifically on methodologies and their potential for use by uniformed patrol of- ricers in a scientific manner.

15. Even in situations in which police officers must use their service revolvers, reasoning, analytical ability, and judgment are needed by the officers.

16. The word resolution is used, although outcomes defined as resolutions do not always represent disputes or problems having been fully resolved.

17. Outside of the conflict/dispute resolution field, mediation often is described as any type of third party intervention in a dispute. In the conflict/dispute resolution arena, mediation has a narrower meaning. For example, arbitration (also a nonconventional methodology) and mediation both involve the intervention of a third party, but arbitration involves the third party imposing a decision on the parties. In fact, it is likely that one or both of the parties leaves the dispute dissatisfied with the resolution. Recall that in mediation, the third party intervenor (the mediator) does not impose a decision and because mediation is a win-win processes, both parties leave the dispute satisfied.

18. A conflict can be characterized by latency. For example, there is tension between the parties, but the issues in contention are not addressed via a manifestation (i.e., an argument never ensues).

19. Do not misinterpret what is meant by neutral third party. The police officer by his/her very role in the community is sometimes unable to be neutral in community disorder. The words neutral third party refer to the position that the officer takes when mediation is an alternative. When mediation is a legitimate response to a dispute, the professional police officer acting as a mediator must be neutral.

20. It is not recommended to place a limit on the number of disputants. For example, there can be ten disputants. Confusion does not have to ensue, provided that there is not a power imbalance (e.g., two opposing groups, fairly equal in number represents a balance), that there is a minimum level of agreement by all of the disputants as to the primary matters in controversy, and that there is a minimum level of enthusiasm for the process by all of the disputing parties.

21. Disputes in which there has been physical violence between disputants are not appropriate for patrol police of- ricer mediation. In some jurisdictions, these types of disputes are sometimes addressed by pretrial or postconviction mediation.

22. The "form" names and concepts are those of this author.

23. Mediation as a way to manage a conflict can also be used pursuant to a problem-directed approach. This will be discussed shortly.

24. There are occasions when the term addressed, rather than resolved, is more appropriate.

25. For example, in some situations, relative to media- tions conducted by police officers in which the underlying conflict/dispute is resolved, referral to an outside agency may enable for solidifying the mediation agreement (i.e., "I agree to get help for my drinking problem").

26. One reason is relative to a situation where one of the disputing parties is unable to reason at the time of the police response due to a traumatic event.

27. In response to those critical of resolutions that are settlement-based rather than characterized by a transformation of the relationship between the disputants (in a positive direction), this author asserts the social viability of settlement-based resolutions.

28. This author is not going to assert that every assist with clothing call involves parties who want to forget the past and go on with their lives. On the contrary, there are times when an assist with clothing call is either a guise to encour- age a confrontation of underlying issues or that underlying issues cloud the possibility of realistic property demands. Relative to this author's proposal, there will be assist with clothing scenes at which the patrol officer will need to shift from mediation to another conflict resolution method, pref- erably another nonconventional method (e.g., arbitration).

29. Settlement-based resolutions should not be characterized to include truce-type agreements. Truce-type agreements should be seen for what they are: disputes lacking complete resolution, but managed.

30. Especially because of the sheer number of disputants (many of which are not easily ascertainable) and that the police are an appropriate agency of first response and final response for the type of problem in issue.

31. No doubt that college level courses such as sociology and psychology bolster the role of the patrol officer as a nonconventional conflict resolution professional. After all, college-level instruction benefits a patrol officer in understanding and conceptualizing many of the disputes that a patrol officer encounters, as well as sharpening analytical skills.

32. In the United States, Canada, and England.

33. This author argues that duties that are often assigned the peacekeeping title (such as mediation) many times include law enforcement. Law enforcement can include actions that fail short of arrest; moreover, resolution of disputes is often done pursuant to maintaining order.

34. If arrests are to be made, they are prudently delayed by a negotiation response and, in this type of scenario, the arrests represent a separate event.

35. Lawson (1982:44) is undeniably wrong in asserting that the role of mediating community disputes is partly to


blame for strained police-public relations. Volpe's (1989) findings and the findings of the present research indicate the complete opposite.

REFERENCES

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Bittner, E. (1990). Aspects of police work. Boston: North- eastern University Press.

Comte, A. (1975). August Comte and positivism. In The es- sential writings, ed. G. Lenzer. New York: Harper and Row.

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Muir, W. (1977). Police: Streetcorner politicians. Chicago: University of Chicago Press.

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Wafters. B. (1994). Campus mediation manual. Syracuse, NY: Syracuse University Press.

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