April 25, 2012

ADR Times: Unique Role for Ombuds in Corporate Dispute Resolution Systems

A recent article in the online ADR magazine proposes a unique process for implementing a Conflict Management Program in a corporate setting. The plan envisions an Ombuds serving as the program director before, during, and after roll out. In the mature program ADR program, the Ombuds acts as a gatekeeper, referring parties to mediators and arbitrators depending on the Ombuds' assessment of the case. The article was written by Kristofer Michaud, a practicing attorney and professional neutral. (ADR Times.)
Labels: ,

4 comments:

  1. Anonymous4/25/2012 1:05 PM

    This is odd role for the ombuds: serving as the ADR gatekeeper. It does not really fit any of the existing models of ombuds practice. Still it's intriguing and may foreshadow a C-level role for conflict experts in the future (i.e. Chief ADR Officer).

    ReplyDelete
  2. Anonymous4/26/2012 1:00 PM

    I concur with the previous commentator. Will the program also be a mandated first step? Will there be sub-poenable records?

    As described, the role would not appear to be consonant with the Standards of Practice for organizational ombuds, nor of other kinds of ombuds.

    ReplyDelete
  3. Anonymous4/27/2012 5:02 PM

    This looks to me like a class paper written for a Pepperdine Conflict Systems Design class I took where various DR mechanisms were discussed. I recognize the sources he is pulling from. The Ombuds role was featured as the centerpiece of the process but the actual function and standards of practice were not described in detail. I could see how someone having taken that class but unfamiliar with the Ombuds role would propose a kitchen sink DR system with the Ombuds as the gatekeeper/director. The problem I see with the system proposed is that it does not really provide opportunities for coaching or many of the other informal mechanisms we use but jumps right to mediation. I think many ADR professionals (including myself before I had significant exposure to Ombudsing) see workplace conflict resolution as mediation between parties in conflict.

    ReplyDelete
  4. Anonymous4/30/2012 8:00 AM

    I wonder how we could get some coordinated responses back to the ADR magazine? The GATEKEEPER sounds to me like multi-door courthouse....

    ReplyDelete

Subscribe to: Post Comments (Atom)