October 15, 2008

McMaster University Ombuds Releases Annual Report

The Ombuds Office at McMaster University in Hamilton, Ontario reports handling 379 cases in the year ended April 2008. The comprehensive report provides an overview of Ombuds activities and initiatives as well as information about the office's service to the McMaster community. The report provides case examples and many policy recommendations to improve the fairness of campus policies. (McMaster Daily News.)

Related post:
McMaster U. Ombuds Profiled.

ICANN Ombuds Issues Fourth Annual Report

The Office of the Internet Corporation for Assigned Names and Numbers reports that its Ombuds Office resolved 125 matters informally in the 2008 fiscal year. The ICANN Ombuds, Frank Fowlie, reported that he spent 150 days traveling for professional activities and managed his office without the services of an adjunct Ombuds. As in prior years, the report will be available in six languages. (ICANN Ombudsman Blog.)

Related posts: ICANN Ombuds Publishes Guide to Evaluating Ombuds; International Forum on Online Dispute Resolution; ICANN Ombuds Offers Advice for Attorneys.

October 14, 2008

Court Ombuds Permitted to Serve as Paid Facilitator

The U.S. District Court for the Eastern District of Michigan recently upheld the payment of fees to the Court Ombuds who had served as a court-appointed facilitator in a pending case. Earlier this year, the federal trial court ordered the parties to a lawsuit, the Equal Employment Opportunity Commission and American Laser Eye Centers, to a facilitation with George J. Bedrosian. The matter did not settle and Bedrosian, who was appointed as the District Court's first ombudsman in 2005, submitted a bill for his services to the parties. (In his role as the Ombuds, Bedrosian functions as an intermediary between judicial offices and the bar.) The EEOC argued that is should not have to pay because it was a federal agency and suggested that Bedrosian should not be compensated because he also acts as the Ombuds for the court. The court ruled that Bedrosian's status as Ombuds had no relationship to his status as an appointed facilitator and payment was ordered. (EEOC v. Am. Laser Ctrs., LLC, 2008 U.S. Dist. LEXIS 77936 (E.D. Mich. Oct. 1, 2008); USDC, ED Michigan Ombuds; Bedrosian Profile.)

Related post: Job Posting: Maryland Courts.

Under the circumstances, the court's holding was appropriate because it respected and valued the work of the facilitator. The court also understood that the Ombuds could serve in two roles. However, as a practical matter, the situation indicates the need for the court's Ombuds to avoid serving also as a court-appointed facilitator. In this case, the interest of the Ombuds/facilitator was in direct conflict with the interests of a party. As such, his perceived neutrality and effectiveness as an intermediary has been jeopardized.

In-House Attorneys Predict Increase in Conflict

A survey of in-house counsel by the law firm Fulbright & Jaworski found that nearly a third anticipate an increase in legal disputes. Attorneys working for companies with more than $1 billion in revenue, foresee a 43 percent increase in litigation and the numbers were even higher for financial services businesses. Reasons given for the projected increase included turmoil in the credit markets and subprime related litigation. As a result, 17 percent of in-house counsel said they were likely to beef up their in-house litigation staffs as they prepare for more suits. (ABA Journal.)

Related posts: MoFo Partner Backs Ombuds as Remedy for Micro-Inequties; Study: Settling Better Than Winning a Lawsuit.

Does this mean that there will be a corresponding increase in hiring organizational ombuds, mediators, grievance officers, and other ADR professionals? Probably not in the short term. Yet attorneys predicting an increase in legal disputes have an ethical obligation to advise their clients to implement measure other than simply beefing up litigation staff. Corporations receiving this advice from attorneys should understand that there are more cost-effective options to managing conflict than simply lawyering-up.

October 11, 2008

Dallas Community College District Consolidates Ombuds Offices

The Dallas County Community College District has appointed an Ombuds to serve a single problem-solving agent for the seven campus system. "Employees from several colleges have requested that we begin to consider offering ombudsman services at all DCCCD locations," Chancellor Wright Lassiter explained in a recent email. Dr. Bettie Tully, who has served as the El Centro Ombuds for 20 years, will fill the new position. The campus newspaper supports the consolidation, but points out that a centralized service will make outreach to other campuses crucial. (Eastfield News Article, Editorial.)

California Decimates Long Term Care Ombuds Program

Since it was established three decades ago, California's Long Term Care Ombudsman program has investigated elder abuse and other complaints on behalf of residents of California’s 1,300 nursing homes and more than 8,000 assisted living facilities. In a protracted political battle that delayed the state budget, legislators initially agreed to significant cuts in the LTC Ombuds program. Then, Governor Arnold Schwarzenegger used his line item veto power to cut all state funding. (However, the Governor maintained full funding for California Department of Aging’s state Ombuds office, which provides no services to residents.) The veto came just days after a federal report condemned conditions in nursing homes: the Inspector General of the Department of Health and Human Services reported that 99 percent of the California nursing homes had deficiencies that caused actual harm or immediate jeopardy to residents. (CANHR Press Release; Union Democrat; OC Register.)

University of Arkansas Ombuds Sponsors Library Program

Twice a year, the UA Ombuds Office sponsors the "Living Library" program. The office develops the library's collection of Books, schedules "check-out" of books by library patrons, and provides an orientation/ training session. (UA Living Library FAQ.)

Why?

October 09, 2008

Job Posting: World Health Organization

WHO in Geneva is accepting applications for a Lead Ombuds. The position reports directly to the Director-General and has administrative responsibility for the Ombuds Office, including the other Ombuds position. It is essential that applicants have an advanced degree and at least 15 years of relevant work experience, including at least 5 years as a mediator/ombudsman/conflict resolution manager or related organizational leadership. Applications are due by November 4, 2008. (UN Jobs.)

Job Posting: Los Alamos National Laboratory

The national Department of Energy lab in New Mexico is seeking an Ombuds to manage the Ombuds Office, developing, supervising and supporting staff in the fulfillment of the Office's roles and responsibilities. The Ombuds Manager serves as a confidential and neutral resource for LANL staff and is part of the risk management system. Applicants selected will be subject to a Federal background investigation and must meet eligibility requirements for access to classified matter. Salary ranges from $91,700 to $154,800. (LANL HR.)

UN Ombuds Reports on Reorganization Efforts

In his first annual report, newly appointed United Nations Ombudsman, John Barkat, provides an update on the transition to a single integrated and decentralized office. Most notably, the office has been given the authority to expand from 9 employees in New York to 33 employees spread among eight UN locations worldwide. Selection of additional staff is expected by the end of 2008. The report also summarizes systemic issues identified in 670 cases opened between August 1, 2007, and July 31, 2008. (UN Bibliographic System, Document Symbol: A/63/283.)

Related posts: UN Budget Increases Funds and Scope of Ombuds Office; Barkat Appointed U.N. Ombuds; Job Posting.

Conflict Resolution Day Teleconferences

If your organization is not participating in a Conflict Resolution Day event on October 16, consider attending a free teleconference sponsored by the Association for Conflict Resolution, in partnership with the United States Institute of Peace and George Mason University’s Institute for Conflict Analysis and Resolution.

  • “Conflict Resolution, Democracy, and Policymaking: Lessons and Challenges” -- A teleconference geared to practitioners from 5-6:15 p.m. EDT
  • “Working for Conflict Resolution and Peacebuilding: How Can I Make a Better World?” -- A second teleconference geared to undergraduate and graduate students from 2-3:15 p.m. EDT
(ACR Update.)

Related posts: Plan Now for Third Annual Conflict Resolution Day; Gallaudet Ombuds to Mark Conflict Resolution Day; Conflict Resolution Day at University of Colorado Features Ombuds.

Organizational Responses to Workplace Bullies

Attorney, mediator, and therapist Bill Eddy observes that there is little that individuals can do when bullied and concludes that workplace culture must reject bullying. Just as programs aimed at reducing playground bullying focus on the school environment, workplace bullying needs to be addressed at the organizational level. He offers some suggestions for a comprehensive approach.
  • Policies Against Bullying
  • Prevention of Bullying
  • Staff Training
  • Confidential Lines of Communication: There needs to be independent resource people for reporting bullying to the organization and to the leadership.
  • Counseling: It would help employees and organizations to have a resource person for bullied individuals to use to discuss bullying experiences in confidence.
  • Consequences
  • Healthy Workplace Laws
(High Conflict Institute.)

Although Eddy does not mention Ombuds in particular, Ombuds routinely provide confidential lines of communication and counseling. Indeed, there are no other organizational resources better suited to respond to bullying problems.

Related posts: NYT Career Couch: If Bullied, Visit Ombuds; Workplace Bullying More Harmful than Sexual Harassment; Online Bullying an Emerging Issue for Ombuds.

October 08, 2008

Ombuds Prompts Changes at University of Iowa

In response to the latest annual report by University Ombuds Cynthia Joyce, UI faculty are revising their code of conduct. According to a new code faculty leaders are developing, "(Faculty) will not use threatening, intimidating or abusive language; and not engage in conduct that creates a hostile work environment ... and comply with the university policy on violence." The revision is endorsed by provost's office and comes in response to the Ombuds' report of increasing disrespectful behavior among faculty, staff and students. The UI Ombuds Office is also planning to focus on outreach to students this year. (Iowa City Press Citizen; Daily Iowan.)

This type of upward feedback and institutional response exemplify the unique benefit of an Organizational Ombuds. No other ADR mechanism provides this kind of early warning and opportunity for systemic change. A credible and effective Ombuds program has clearly benefited the University of Iowa. The proposed changes in the faculty code will improve the campus climate for many.

Related post: University of Iowa Ombuds Issues Annual Report.

Saying the Right Thing in a Difficult Situation

Gretchen Rubin who blogs at The Happiness Project, offers eight tips for finding the right thing to say in a difficult situation.
  1. Try to identify the real problem;
  2. Don’t assume that you know what’s going to happen next;
  3. Find the right level of questions to ask;
  4. Don’t react with judgment;
  5. Resist the temptation to show empathy by drawing a comparison to your own painful experience;
  6. Acknowledge the reality of other people's feelings;
  7. Follow their lead; and
  8. Think about what a person needs to hear.
Ombuds generally know these tactics, but it's helpful to have this thoughtful and well-organized summary for visitors, especially those who will take the time to read materials after a consultation. (The Happiness Project.)

Related posts: Advice for Stopping a Nag; Tips For Raising Difficult Subjects.

October 07, 2008

Ombuds as Antidote to Office Conflict Over Politics

Kansas State University professor Diane Swanson says that talking about politics at work isn't inherently a bad thing. "I personally think that it's good for morale for employees to feel they can have their own opinions and express them freely over coffee or on break," said the professor of management. However, she acknowledges that the fine line between the right to free speech and appropriate expression can be difficult to walk and disagreements are likely. If politics does cause workplace conflict, Swanson says that employees might want to get help from an Ombuds or conflict resolution specialist. (The Manhattan Mercury.)