As part of the Mental Health Safe Project working to make dispute resolution processes accessible to parties with mental health needs, we have developed this resource page that anyone can use when they are considering whether they experienced misconduct at a NY Community Dispute Resolution Center (CDRC).
One way to know your rights is to access the Mediation Bill of Rights which MH Safe prepared to explain your rights at CDRC, posted here. If you are deciding whether to complain, close to half of the CDRCs have shared their processes and you can view them through this chart: CDRC Complaint Processes
When you are viewing this chart, you can see that some CDRCs may provide more specific details about their process for assessing misconduct, how they make decisions, and what the internal consequences are for mediator misconduct. MH Safe supports maximum transparency so parties are able to feel comfortable knowing what to expect, as opposed to feeling intimidated by the uncertainties and potential power imbalances involved in complaining. CDRCs may share updates or additions to their entries at a any time.
Here are some questions you can ask yourself if you’re considering complaining:
- Clarifying What Happened
Are you sure that what happened to you is misconduct? What are the assumptions you are making and what might be misunderstandings? What are your needs? Is this something that matters enough that you might want to speak up? (Note: For help seeking other support, you can use the support-seeking resources available for free at https://www.mindquity.com/resources and accessing the Stigma and Conflict Resolution Resource Group resources which were originally funded by the NYC Department of Health and Mental Hygiene with additional support from the NY State Office of Mental Health). - Understanding the CDRC’s Process
Do you feel like you understand how the CDRC defines misconduct, what their complaint process is, whether you will be informed about the steps and the outcome, and which types of internal or external support resources are available to you? You can learn more about some of their processes at our CDRC Complaint Processes and understand more about misconduct by accessing the Mediation Bill of Rights designed for NY CDRCs. - Deciding What Is Best For You
Whenever there is a challenge you can consider responding protectively (meaning doing nothing), collaboratively (meaning trying to communicate to resolve it together with the other party), or assertively (meaning filing complaints). What feels best for you? (Note: For help thinking through this, try using the 5C model detailed in the following Behavioral Health News article: https://behavioralhealthnews.org/your-options-for-responding-to-mental-illness-stigma-protectively-collaboratively-or-assertively/)
Here are some additional resources:
It is okay if you are not sure if you want to complain. That is normal and it is no one’s obligation to come forward, or to use the organization’s processes if they feel intimidating, overwhelming, or uncomfortable for you to access. The Mental Health Safe Project can take your anonymous feedback and pass it along to the CDRC if you use our feedback form which you can access at https://forms.gle/cXxm4tPubeRVAHHj9. Note that if you do this there will be no trace that you did so it does not, at all, replace any other way you might complain or advocate for yourself. You can also join our Mental Health Empowerment Support Group community at https://mhsafe.org/empowerment/
Mediators and CDRCs looking for resources to prevent misconduct, or more information about these efforts, can visit https://www.mhsafe.org/nycdrcs