Update: Red Cross Chief Defends Ombuds Decision

Several weeks ago, Trent Stamp, president of Charity Navigator, broke the news that the Red Cross had hired an ombudsman with close ties to its newly hired president, Mark Everson. Last week, Stamp asked Everson if his first decision in his new role (that of hiring Everson's Chief of Staff at the IRS as the new Red Cross Ombudsperson) was a mistake.

Stamp: You know that I was critical of your selection of your former Chief of Staff at the IRS as your new ombudsman at the IRS. This was not based on her credentials or reputation, but on the fact that you and she had a prior working relationship, and I find it hard to believe that anyone could believe that she was truly independent, even if this is merely more perception than reality. According to the International Ombudsman Association, one of the first rules for appointment of ombuds is that they be "unaligned." Are you making the claim that your new ombudsperson is "unaligned" or were you unaware of this best practice for ombudspersons or were you aware and thought it was unimportant?

Everson: I carefully considered the appointment before I made it. We had experience with a National Taxpayer Advocate at the IRS, which is not unlike the ombudsman at the Red Cross. For an ombudsman to be effective, the person must be independent and able to work collaboratively with pieces of the organization, because if people throw up their arms and don't cooperate either in the production of information or opening up to saying what's going on, you're going to end up with a series of reports that will be critical of the organization, but no progress will be made.

The new ombudsperson is a career attorney that worked at Justice and the IRS. She has absolute integrity. I was concerned upon taking this position that, as a leader can, I would be embracing or defensive of the organization. I trust her judgment implicitly because she has come to me before and told me things about the IRS that I needed to hear. If she comes to me and says there is a problem in XYZ unit, I will believe her and act on that. There won't be a dialogue or defensiveness on my part. I trust her integrity and ability to get something done. Time will tell.

Stamp: I don't think anyone's questioning her integrity. That's not my concern. Tom Kosakowski of the Ombuds Blog wrote after her appointment, "even if she practices to standards, she will surely be perceived as biased. Without the trust of stakeholders, her effectiveness is compromised from the start." Isn't that the bigger issue here, that employees will not feel protected enough to bring their concerns to the ombudsperson if they know she has been formally aligned with you? I'm not questioning that she'll bring things to you; you trust her. But why should employees bring issues to her, if they know that she's formally aligned with you?

Everson: I don't consider her to be aligned with me. She's signed on to do that job, to provide the independent advice. She's well aware from the structure we had at the IRS of her obligation to report up to Capitol Hill, and I think she'll fill that obligation well. And again, time will tell. I think she's an inclusive person who will build the relationships both within the Red Cross and externally that she should. I think she has great behaviors and will prove to be a strong appointment.

(Charity Navigator; via Trent Stamp's Take.)

Everson's statements are reassuring to the extent that he expects the ombuds (Beverly Ortega Babers) to be independent and professional. Better still, the Red Cross should follow the advice of the International Ombudsman Association and American Bar Association and create a definitive charter or terms of reference to ensure the Red Cross ombuds is not just independent, but confidential, neutral and informal as well.

(Prior posts Bush Signs Legislation Creating Red Cross Ombuds; Concern Over Appointment of Red Cross Ombuds; Red Cross Head Responds to Criticism Over Appointment of Ombuds.)

Why Some Men Negotiate Irrationally

A study by Harvard economist Terence Burnham explains why some men make seemingly irrational negotiating decision. Burnham's research employed the "ultimatum game," in which two parties interact anonymously and only once, so reciprocation is not a strategic issue. In the game, the first player offers to divide a sum of money with the second party. If the second player rejects this division, neither gets anything. If the second accepts, the first gets his demand and the second gets the rest. Economically rational players should accept any amount of money proposed, yet some men chose to rather forgo a financial windfall than see the other player get more. Tests then revealed that men with higher testosterone levels were more likely to make the "irrational" choice. Burnham’s research thus indicates that people
really strive for is relative rather than absolute prosperity. (The Economist.)

As a former economist now working in dispute resolution, I have often been baffled by parties who are unwilling to accept a settlement because their personal outcome was perceived as relatively inferior. In many cases, it is nearly impossible to convince a party to settle, even if his or her pre-negotiation (economically rational) objectives would be met. This research indicates that it may be critical to address subjective issues of relative fairness to reach resolution.

Job Posting: UN Senior Conflict Resolution System Officer

The United Nations is accepting applications for a position reporting to the Director of the Ombudsman’s Office. The Senior Conflict Resolution System Officer will be responsible for helping to establish a single integrated and decentralized UN ombuds office and assisting visitors with concerns. For this high-level position, applicants must have an advanced university degree, significant work experience, and English fluency, and should have a second language and international dispute resolution experience. The current salary range for the position (P-5) is $104,600-$131,019 per annum. Applications are due August 7. (UN HR Announcement.)

(Prior posts UN Considers Unified Ombuds Office; Update: UN General Assembly Approves Reform of Dispute System.

Job Posting: DC Schools Ombuds

The District of Columbia is seeking an Ombudsman for the Office of the Deputy Mayor for Education. The incumbent will serve District residents with public education issues. The job description appears to be organizational to the extent that services are "confidential, informal, impartial, neutral, and non-adversarial." However, the ombuds will be expected to "maintain a record of all calls and complaints received." The implementation of this requirement may compromise IOA standards. The ideal candidate will have a degree in Education or Public Policy and work experience, and will be required to be or become a DC resident. The salary is $92,700-$139,050. (DC Dept of HR.)

(Prior posts DC Mayor to Announce Progress on Schools Ombuds; Washington Post Urges Appointment of DC Schools Ombuds.)

East Coast Professional Skills Program in Dispute Resolution

The Straus Institute for Dispute Resolution and Vermont Law School will offer skills training in ADR October 4-6 at the Woodstock Inn in Vermont. The three-day program will feature introductory and advanced mediation training, and specialized courses for disputes in employment, medical environmental and public policy arenas. Tuition is $1,095, but discounts are available. (Straus Training Programs and Conferences.)

ACR Updates Ombuds Section Website

The Association for Conflict Resolution has revamped and updated the website for the Ombudsman Section. Currently, the site has information conferences and events (including the ACR Annual Conference, October 24-27); other ombuds associations; resources and research; and job postings. Dave McNabb, Chair of the Ombudsman Section, promises to post IOA trainings and other events. (ACR Ombudsman Section.)

New Ombuds at Cal Berkeley

The Staff Ombuds Office at the University of California, Berkeley, has announced that Sara Thacker will be the new Associate Ombudsperson beginning July 9. Thacker previously served as a faculty member and as a Hewlett Fellow at the Georgetown University Law Center, where she taught mediation, negotiation, and other ADR topics. She earned a J.D. degree from the University of Iowa and an LL.M. in Conflict Resolution from Georgetown. Thacker has mediated disputes for the Equal Opportunity Commission and the D.C. Department of Human Rights. Readers of the IOA "Independent Voice" will remember her recent article "Where are the Ombuds? The Hidden Potential of Law Firm Ombuds."

(Related post Musical Chairs at the University of California.)