University of Ottawa Publishes Ombuds Terms of Reference

Subsequent to appointing its first Ombuds, the University of Ottawa has posted the chartering document for the program. The document specifies an Organizational Ombuds model that serves all members of the uOttawa community.

The Terms of Reference were approved by the Senate of the University and the Board of Governors of the University and the Student Unions in May 2009, long before the job search was conducted. (uOttawa Administration and Governance.)

Related post: University of Ottawa Appoints First Ombuds.

Ombuds are Valuable Supplement to Compliance Efforts

An article by Chuck Howard appeared in the June issue of the BNA Prevention of Corporate Liability Current Report. He points out that corporate tools developed in response to the U.S. Sentencing Guidelines -- compliance and ethics programs, employee hotlines and whistleblower policies -- have limits to their effectiveness in dealing with a worker who is reluctant to come forward.

Howard asserts that there are several reasons why these tools are imperfect:

• Authority Has Drawbacks
• Hotlines Are Underutilized
• Retaliation Is Insidious
• Whistleblowers Pay High Price

Howard concludes that Organizational Ombuds programs are, "One solution to address the gap arising from these compliance tools... If designed to be an independent, neutral, informal, and confidential resource." (Shipman & Goodwin.)

Related posts: ABA Publishes First Book About Organizational Ombuds; Society of Corporate Compliance & Ethics Sets Program on Organizational Ombuds.

Office of Personnel Management Unveils Ombuds Program

A new website confirms the new Ombuds program for the federal agency that manages civil servants. The OPM established an Ombudsman Office in January 2010, "to provide a neutral, independent and confidential resource to review, identify, facilitate and timely resolve individual claims, concerns or complaints by OPM customers and employees."

The website explains what the OPM will and will not do and provides answers to frequently asked questions. The site also provides a copy of the office's charter, signed by the OPM Director. According to an OPM organizational chart, the Ombuds Office is headed by Richard B. Lowe and is staffed by one Ombuds, Barbara Malebranche. Lowe has worked for OPM for nearly 30 years and most recently was the Deputy Chief of Staff. Before joining the OPM Ombuds Office, Malebranche was the Director of Employee Relations for the Department of Education. OPM has been recruiting Ombuds, so there may have been several other hires since the org chart was posted in January. (OPM Ombuds Website; OPM Ombuds Charter; OPM Org Chart.)

Related posts: OPM Job Postings; COFO Collaborating With Federal Agencies Creating New Ombuds Programs.

Ombuds to Give Update on UN Justice Program

At a press briefing scheduled for Thursday, July 1, Assistant Secretary-General and Ombudsman, John Barkat will join Under-Secretary-General for Management, Angela Kane, and the Executive Director of the Office for the Administration of Justice, Andrei Terekhov, to discuss the United Nations new system of administration of justice. (UN Daily Press Briefing.)

Related post: UN Ombuds Reports on Activities Amid Concerns Over Progress on Reformed Justice System.

earthbag construction

notes for earthbag construction of a 10 by 12 structure as a prototype for a larger structure.

If you are wondering what I'm talking about google "earthbag construction"




Earthbag home prototype.

Dimensions internal: 10'*12*12 Before roof.
Dimensions external 11'* 13'*12 “ “ “ “

an 11 ft length is 5 bags and a 13 is 6 so each layer uses 22 bags.

Facts and assumptions: bags are 14”*26” with an assumed thickness when filled of 3” or
1092 cu in or .63 cu ft.

Walls will require 1056 bags and 4608 ft of barbed wire.

Basement is 13'*11'*-6' (6' deep hole) will provide 858 cu ft of fill material. Or enough for 858/.63 or 1350+ bags. Enough for the walls.

Sloping the roof. Based on my readings it is not recommended to exceed an overhang of more than ¼ of the width of the bag or with these bags no more than 3.5 inches per layer. I'm nervous and live in an earthquake prone area so I'll go for 2' per layer for the roof. The roof will require 54 layers and will be approx 13.5 feet tall for an above ground height of 20 ft. losing a bag per side for every 13 layers or,

6*5 for the first 13 layers (286 bags) , 5*4 for the next(234), 4*3 (182), 3*2(130), 2*1 (78) At this point I'll change orientation of the bags by turning the next layer by 90% and capping it off.

Takes 910 .bags.

Totals

Bags :1966. Note: no windows or doors in this calculation so the actual number will be smaller.
2000 bags cost $580 delivered
Barbed wire 6 rolls. $630 delivered. Roll is 1320'

1250 cu ft of clean fill..

Still figuring out how much stucco/cement/papercrete to skin it and the cost of application

approx internal space:

Basement 10'*12'*6 or 120 sq ft or 720 cu ft
main floor 10'*12'*8' 120sq' or 960 cu' (note: walls begin to slope at 6' so this calc is over.)
loft approx 7'*9".
assuming floors at 6" high loft peak is 20-9=11 ft

CERN Appoints an Ombuds

The European Organization for Nuclear Research -- the world's largest particle physics laboratory near Geneva -- has appointed Vincent Vuillemin as its first Ombuds. Following the Organizational Ombuds model, the CERN Ombuds will assist with inter-personal relations while remaining confidential, impartial and independent.

Vuillemin explained,

The ombuds must remain independent, must be capable of withstanding any pressure and must have his career behind him. He must also know how to talk to people from the very different cultural backgrounds represented at CERN. My fourteen years as a group leader or head of department have provided me with management skills that will be useful to me in this new role. To do this job properly you have to have a gift for empathy and you need to be receptive to people's problems. Outside CERN, I am a Buddhist monk and a Zen master. I like to think that I have acquired a certain skill in managing people's problems.

Prior to becoming the Ombuds, Vuillemin was head of CERN's Engineering Department. He earned his PhD in applied physics from EPFL Lausanne and joined CERN as a fellow in 1981. He subsequently worked in a number of staff positions at CERN. (CERN Bulletin.)

Simon Fraser University Honors Former Ombuds

In a ceremony last week, the university renamed is graduate student lounge in honor of Laurine Harrison, the former Ombudsperson of the Simon Fraser Student Society who died of a heart attack in 2007 at age 51. Donations for an endowment fund in Harrison's name are still being accepted. (The Peak.)

Related posts: First Canadian Ombuds to be Honored With Stamp; Simon Fraser University Names New Ombuds.

Job Posting: World Bank

The World Bank Group hiring an Ombudsman for a five-year term appointment. This position will add a third position to the Office of Ombuds Services to work closely with two other Ombuds (Thomas Zgambo and Constance A. Bernard).

The WBG currently has two Ombudsman positions. One is filled by an internally selected staff member with a deep knowledge of the WBG. The second position is filled through the recruitment of an external candidate with strong professional expertise. The third Ombudsman position is open to both internal and external candidates. The new position will be stationed at WBG’s headquarters in Washington, D.C., but will require international travel of at least two months per year. Applicants must have at least 10 years experience, at least five years in workplace conflict resolution as an Ombuds is highly desirable. (WGB Jobs.)

Related posts: Princeton Ombuds to Head World Bank Mediation Office; World Bank Adds Ombuds; World Bank Corporate Responsibility Report Acknowledges Ombuds Program.

IOA Stands for More Than You Might Think

According to Wikipedia, the International Ombudsman Association is the primary definition of IOA. However the acronym also stands for:

• Indian Olympic Association
• Institute of Acoustics
• Institute of Astronomy
• Irish Orienteering Association
• Indiana Optometric Association
• International Ozone Association
• International Ornithological Association
• International Ostomy Association
• Institute of Acoustics
• Institute of Astronomy
• Institute of Outdoor Advertising
• Ioannina, Greece (airport code)

(Wikipedia; Acronym Finder.)

Now you know.

IOI Publishes Papers from Stockholm 2009 Conference

The International Ombudsman Institute has posted papers from presenters at its World Conference celebrating the Bicentennial of the Swedish Parliamentary Ombudsman.

The IOI World Conference on June 9-12, 2009 convened 340 delegates and observers from more than 90 countries.  The conference opened with keynote addresses by the former Secretary General of the United Nations, Kofi A. Annan and the UN High Commissioner for Human Rights, Navanethem Pillay. This was followed by dozens of presentations by delegates and invited guests representing the range of Ombuds practice and traditions (although nothing about Organizational Ombuds). The IOI has now put online the remarks from the keynote addresses, plenary sessions and workshops. The materials also will be published by the Swedish Parliamentary Ombudsmen’s Office in two separate volumes. (IOI Publications.)

Related posts: IOI Newsletter Announces 2009 Conference in Sweden; New Secretary General Explains IOI's Relocation to Vienna.

Penn State Faculty Elects Next Ombuds

The Faculty Senate at Pennsylvania State University has elected Deborah F. Atwater to a four-year term as University Ombudsperson effective July 1, 2010. She succeeds David (Duff) Gold, Professor Emeritus of Geology, who has served as the interim Ombuds since February 2009.

Atwater is Associate Professor Emerita of Communications Arts and Sciences and African and African American Studies, having served as head of the PSU Department of African and African American Studies from 1996-2000. From 1988 until June 1995 she was Senior Faculty Mentor in the Center for Minority Graduate Opportunities and Faculty Development. In that role she worked with junior minority faculty to enhance their intellectual and professional growth through a wide range of mentoring, counseling, and peer development activities. Atwater's research and scholarly interests are in the areas of, but not limited to, Black rhetoric, African American Women’s rhetoric, and organizational and intercultural communication. She is past President of the Eastern Communication Association. Her works include more than 30 articles and book chapters, and two books, one titled The Rhetoric of Black Mayors: In Their Own Words, to be published August 2010. (PSU Senate Record; Faculty Profile.

Related posts: Penn State Seeking Faculty Ombuds to Lead Campus Program.

University of Ottawa Appoints First Ombuds

Lucie Allaire has been appointed to the newly created position of University Ombudsperson for uOttawa. University President Allan Rock said, “We’re very proud that the University has created the position of ombudsperson, a joint effort with the Student Federation and the Graduate Students’ Association.” 

Allaire, an alumnus of uOttawa, has been teaching mediation and negotiation at Saint Paul University and offering ADR services as the principal of L.A. Management Consulting. She has worked at the Canada Public Service Agency as senior advisor to the Vice-President, Informal Conflict Management System, at Industry Canada as Director-General of the Human Resources Branch, and at the Department of National Defence as Director-General of the Conflict Management Program. Her appointment takes effect September 1, 2010. (uOttawa News.)

Prior: Job Posting.

Michigan State to Appoint Ombuds for Student Athletes

MSU, home of the first American university Ombuds program, has announced that it will appoint a student-athlete Ombuds. Last week, Michigan State Athletics Director Mark Hollis has announced the appointment of Alan Haller as human resource officer for the MSU Athletics Department and as the student-athlete Ombudsman.

Haller, a former Spartan defensive back and NFL veteran, previously served with the MSU Police Department for 13 years.  No other details about the Ombuds position have been announced. (MLive.) 

Related post: Michigan State University Ombuds Office Marks 40 Years of Service; US Olympic Ombuds Helps Athletes in Conflict; Psychologist Urges Ombuds as Buffer for Student Athletes.

University of Central Florida Ombuds Offers Video Welcome

UCF's Ombuds Officer, Vicky Brown, has produced a short video introducing her service to students, faculty and staff, alumni and parents. Brown succintly describes the features of an Organizational Ombuds program in English and Spanish. (YouTube.)

Related post: University of Central Florida Ombuds Updates Webpage; New Gallaudet Website Features Video Welcome; Coke Adds Life to Ombuds Website.

Updated 6/28/10: New link to captioned video.

Financial Reform Bill Likely to Include New SEC Ombuds Program

Securities industry expert James Hamilton reports that the Financial Reform Conference Bill (reconciling differences between HR 4173 and S 3217) includes an Ombuds program for the Securities and Exchange Commission.

Hamilton's summary of the reconciliation efforts indicate that Senate approval depends on placing the SEC Ombudsman within the new Office of Investor Advocate. (Jim Hamilton’s World of Securities Regulation.)

Prior posts: House Passes Bill to Create Two New Federal Ombuds Programs; Congress Must Resolve Ombuds Issue Before Passing Financial Reform Bill.

Is 15 Minutes of Fame Approaching for BP Ombuds?

Stanley Sporkin, BP's Ombuds, is drawing increased attention as politicians and journalists probe the oil giant's safety record. Recent revelations include the following.

• BP employees in Alaska have raised a list of safety concerns that could endanger Prudhoe Bay. In a letter to BP Alaska President John Minge earlier this year, BP's Sporkin said his office has been "engaged in oversight of the overtime and staffing issues that continue to be raised by employees." (Truthout.)
• Jeanne Pascal, a former attorney at the Environmental Protection Agency, revealed her role in the creation of the BP Ombuds program. She said that BP opposed the appointment of Sporkin and wanted an insider in the role. Pascal said that the issue of keeping Sporkin as ombudsman for the workers was important to her because she recognized that BP was a “retaliatory company.” (Corporate Crime Reporter.)
• U.S. Congressman Bart Stupak, who chairs the House Energy and Commerce Subcommittee on Oversight and Investigations, said BP Chairman and President Lamar McKay wanted to shut down the Ombuds office by improving the corporate culture enough to make the Ombuds unnecessary. Stupak said that he urged McKay not to eliminate the office because it serves a significant role in investigating employee complaints. (Stupak Statement.)

Meanwhile, Sporkin will be a featured speaker at the September conference of the Corporate Executive Board Company, a commercial firm that provides best practices research and analysis to business executives. Sporkin and former Chairman and President of BP America, Bob Malone will offer insights into how the company handled crises in the past and created the Ombuds program. (CEB Views.)

Related posts: Critics Question Independence of BP Ombuds; BP Ombuds Could Draw Scrutiny in Gulf Oil Spill Investigation; Is the BP Disaster a Wake-up Call for the Ombuds Field?

Update 6/23/10: Progressive blogger Stephen Lendman profiles Sporkin and calls him "BP's Fixer." (Baltimore Chronicle.)

Columbia Ombuds Offers Insights on Her Career Change

Bathabile Mthombeni, the Associate Ombuds at Columbia University, was recently interviewed for 85 Broads, a network for high-achieving women. Mthombeni describes how and why she transitioned into the Ombuds field after working as a New York litigation attorney.

Although she no longer practices as an attorney, she says that her legal experience is very relevant to her work as an Ombuds.

I rely on my legal training quite a lot. It helps in so many different ways. For example, it taught me how to spot issues, organize information and understand how and where the rules apply. Legal training helps you break down information in a systematic fashion and evaluate the merits and pitfalls of the potential solutions. I think my legal training enables me to understand and analyze the whole picture.

(85 Broads.)

Related posts: I'm Not the Only Lawyer-Turned-Ombuds; Ombuds Field Touted as Option for Disaffected Lawyers; Two Organizational Ombuds Launch Blogs.

Ombuds, Not Mediators or Arbitrators, are the Solution for Workplace Bullies

A recent article in the Chronicle of Higher Education caused some consternation among Organizational Ombuds, especially those on college campuses. The piece acknowledged a problem Ombuds know well: "College faculty members who are bullied or abused by coworkers often feel they must either suffer through it or quit." Indeed, the annual conference of the American Association of University Professors featured three sessions devoted to the problem of faculty bullying. What piqued Ombuds was the plan by two companies to offer mediation and arbitration services to colleges as a remedy for bullying.

The American Arbitration Association and the ADR Consortium are planning a campaign to persuade colleges to adopt anti-bullying policies and codes of civility. If adopted by colleges, anti-bullying policies and guidelines would provide incentive for alleged faculty bullies to submit to arbitration or mediation -- services AAA and the ADR Consortium are gearing up to sell. A spokesperson for AAA expressed confidence that outside experts could resolve bullying incidents just as they resolve other workplace disputes. (Chronicle of Higher Education.)

Most colleges already use alternative dispute resolution techniques to address allegations of harassment and discrimination. Three hundred colleges and universities have Ombuds offices and campus Ombuds routinely assist bullied individuals. In 2007, the International Ombudsman Association developed a uniform reporting instrument to classify cases and included a specific category for "Bullying, Mobbing (abusive, threatening, and/or coercive behaviors)." However, the Chronicle Article did not even mention the widespread and on-going efforts by Ombuds to address bulling concerns. But that was not the primary focus of Ombuds that read the article.

Ombuds know that arbitration and mediation are ineffective tools for handling bullies. The prospect of private arbitration as a means of disciplining faculty is extremely unlikely. The arbitration model used by AAA is very different than the disciplinary process in place on most campuses. It's hard to imagine any faculty senate agreeing to abdicate its traditional governance role to an outsider, much less an individual professor agreeing to arbitration after a complaint.

There are at least three reasons why mediation is vastly inferior to the services of an Ombuds.

Too Little Knowledge

Outside mediators know too little -- they lack familiarity with the policies, culture and personalities on a particular campus. Ombuds, on the other hand, are part of the organization and know the political dynamics, unwritten rules, and history. These subtle but important factors allow Ombuds to give more strategic advice and craft more effective resolutions. MIT Ombuds Toni Robinson recently addressed the College and University Professional Association for Human Resources and explained that Ombuds are uniquely position to help individuals use leverage to get a resolution and advocate for fair process. (Women in Higher Education.)

Too Late in the Process

Outside mediators come to a conflict too late -- they receive the case only after both parties acknowledge the problem. Ombuds, on the other hand, are available to victims at the first sign of bullying. A recent article by the American Association of Medical Colleges highlighted the decision of MD Anderson to create an Ombuds office to help prevent troubling behavior by listening for and making recommendations on various faculty problems. (AAMC Reporter.)

Too Many Parties

Outside mediators require too many parties -- they begin work only after two parties acknowledge a conflict. Ombuds, on the other hand, are available for consultation by individuals whom may want to address the situation on their own rather in a two-party process. An article by DePaul's Ombuds, Rev. Craig Mousin, for the Association of Catholic Colleges and Universities cites the flexibility of Ombuds to offer safe counsel and explore options that serve all parties. (ACCU Update.)

There are many reasons why college administrators should rely on existing Ombuds programs as a tool to address bullying. Nonetheless, the complexity of the problem may make outside arbitration and mediation attractive as the next trend in higher education. In the long run, however, outside neutrals are unlikely to be as effective.

Related posts: NYT Career Couch: If Bullied, Visit Ombuds; Expert: Workplace Bullying Should Not Be Mediated; January Meeting of Texas Ombuds Will Highlight Bullying Issues; CUPA-HR Panel Promotes Ombuds as Tool Against Bullying.

Job Posting: Fair Practices Commission

FPC, the Organizational Ombuds for the Workplace Safety and Insurance Board of Ontario, is hiring a Bilingual Intake Analyst. The position serves as the initial point of contact for new matters, manages information gathering and file preparation, engages in an early resolution processes, and maintains the database. Applicants must have a post secondary education and relevant experience, and speak English and French.

The hiring salary ranges from $61,549 to $76,936 CDN. Applications are due by June 23, 2010. (FCP Job Posting via FCO.)

Related post: FCO Selects New Board and Officers.

Ombuds at University of British Columbia Publishes First Annual Report

Shirley Nakata, who was appointed UBC Vancouver’s first Ombuds for Students in 2009, has issued an annual report covering the latest calendar year. Nakata provides data about the 53 cases she handled and provides case summaries of several matters.  (UBC Ombuds 2009 Annual Report.)


She also describes the experience of starting up an office: "articulating and honing the mandate and role of the Office, finding office space, constructing and launching the Ombuds website, and all the myriad of other activities required to build a new office from scratch."

Related posts: University of British Columbia Names First Ombuds for Students; New Website for University of British Columbia Ombuds Office.

More Thoughts From Howard Gadlin on Mediation

Mediate.com has posted more of an interview with Howard Gadlin, the Ombudsman and Director of the Center for Cooperative Resolution at the National Institutes of Health National Institutes of Health.  (Mediate.com.)

In the latest installment, Gadlin describes how the field has changed from people going into mediation from diverse academic backgrounds while covering overlapping problems, to becoming more institutionalized, lacking possibilities for, or connections to, new social movements.

The same trend is occurring in the Ombuds field. Although initially populated by individuals from a variety of backgrounds, younger job seekers are much more likely to have training in conflict resolution and ombudsing in particular. This "standardization" of the practice is also reflected in the recent addition of a certification program.

Related posts: Howard Gadlin on the Future of Mediation; Pepperdine Law School Revives Ombuds Course; Columbia Adds Ombuds Course; University of the Rockies Hopes to Train Future Ombuds; CO-OP Board Announces First Class of Certified Ombuds.

Job Posting: Brock University

The public university in St. Catharines, Ontario is hiring a Student Ombudsperson. The position reports to the Brock University Students’ Union Board of Directors and serves a student population of 17,000.

Applicants should hold a university degree of college diploma, have at least a year of experience and be eligible to work in Canada. In addition, the Student Ombuds should "be willing to be an active member of professional associations, in particular, the Association of Canadian College and University Ombudspersons, in order to stay up to date on critical ombuds’ issues such as confidentiality and privilege." The application deadline is July 9, 2010. No salary indicated. (Brock U Jobs.)

Critical update:  The job posting is somewhat ambigous, but does indicate that this is a one-year appointment.

Auburn University to Continue Ombuds Program

Earlier this week, the Auburn University Senate approved a proposal to continue the Office of Ombudsman, which was started as a trial program in 2008. The senate also extended the term length for the University Ombuds from two to three years. Jim Wohl founded the AU Ombuds Office and continues in that position. (Opelika-Auburn News.)

Related posts: Auburn Names First Ombuds; Auburn University Ombuds Releases First Annual Report.

Job Posting: American Red Cross

The Red Cross Office is hiring a Deputy Ombudsman to work closely with its the Corporate Ombudsman in Washington, DC.  The Deputy Ombudsman will assist in the development and administration of the Red Cross Ombuds program, including managing a cadre of volunteer Ombuds and handling complex group facilitations and organizational cases. (This is not the same position as the Ombudsman Analyst position posted here last week.)

Applicants must have at least six years experience as a practicing Ombuds and at five least years of supervisory experience. An advanced degree is preferred. No closing date or salary information provided. (Am. Red Cross, req. no.: NHQ3834.)

Looks like the Red Cross is expanding its Ombuds program.

Related posts: New Ombuds at American Red Cross; Red Cross Issues Second Annual Report; Prior Job Posting.

USOA Will Meet in Ohio for 31st Annual Conference

The United States Ombudsman Association will hold its annual meeting in Dayton, Ohio, October 6-8, 2010. The theme, "Soaring to New Heights: Innovations in Ombudsmanship," emphasizes recent developments in the field. A preliminary agenda for the event indicates there will be sessions on a wide range of issues, many of which will be relevant for Organizational Ombuds.

• Creative Case Strategizing (with focus groups for School Ombudsmen, Children’s Ombudsmen, Executive Ombudsmen and Legislative Ombudsmen)
• Demonstrating Our Value
• Dealing with Difficult People – Interacting effectively with challenging complainants and respondents
• Federal Ombudsman
• Gathering Information Through Interviews
• Ombudsman Offices and Elected or Appointing Officials: Short term or long lived relationship?
• Ombudsman Rationale to Decline or Discontinue Investigations
• Ombudsman and Vulnerable Populations
• USOA Standards
• The Values and Principles of Public Service

Information packets are being sent to USOA members. Nonmembers can contact organizers for registration information. (USOA 2010 Conf. Info.)

Related post: USOA 30th Annual Conference in Colorado.

University of Waterloo Renames Ombuds Office

The 25,000-student public university in Ontario has changed the Office of the Ombudsperson into the Student Resource Office. UW Ombuds Evalena Matlock-Corley is on maternity leave and the interim Student Resource Coordinator said that the office hasn't been widely known and hopes to better engage students.

Although the program has been renamed, its role remains similar. According to its website, "The Student Resource Coordinator provides an impartial, independent, and objective service to all members of the University community, including staff, faculty, graduate and undergraduate students." The site also states that services are confidential. Eley, who previously was a community coordinator for campus housing at Waterloo, believes there is "huge potential" for the newly renamed office. (UW Daily Bulletin.)

What's in a name? Would that which we call a rose, by another name smell as sweet?

Related posts: University of Waterloo Ombuds Surveys Visitors; Magazine Explains "Vaguely Named" Ombuds Profession.

Leading Silicon Valley Attorney Supports Ombuds for Professional Conflicts

Mark Shem, a partner at Borton Petrini and President of the Santa Clara County Bar Association, supports an informal mechanism for resolving conflicts between attorneys. In his monthly blog post, Shem recalled a informal SCCBA program for lawyers with concerns about opposing counsel.

A volunteer member of the Professionalism Committee, an ombudsman, if you will, would discuss the matter with both parties in hopes of reaching an informal resolution, or at least educating the offending attorney. The ombudsman was not a fact finder and did not render any opinions regarding the dispute. Rather, this person helped counsel work out their disagreements. 

His suggestions came in the context of a call for a renewed commitment for civility among lawyers.  (SCCBA President's Message.)

Shem's proposal reflects a growing sentiment within the legal community that lawyers need and informal and confidential dispute resolution mechanism.

Related posts: Study Concludes Large Law Firms Should Have Ombuds; New Ombuds Program Serves Jacksonville Bench and Bar; Is the Ninth Circuit Creating an Ombuds Program?; Law Society Equity Ombuds Assist Canadian Legal Professional.

University of Oregon to Host Conference for Dispute Resolution Scholars

The University of Oregon School of Law's Center for Appropriate Dispute Resolution will host the fourth annual Fall 2010 AALS Dispute Resolution Works-in-Progress Conference. The event convenes scholars from across the country who are teaching and researching in the area of dispute resolution. Submissions for presentations are due by August 1, 2010. (2010 WIP Conf. Info.)

Related posts: New Model for Describing How Law Schools View ADR Courses; Conversation on the Role of Ombuds in Environmental Issues; Pepperdine Stays Atop List of Best Law School ADR Programs.

Iowa's Director of Aging Forced Out After Attempting to Muzzle State's Long-Term Care Ombuds

Last month, Iowa's Iowa Long-Term Care Ombudsman Jeanne Yordi revealed that her boss, Department on Aging Director John McCallum, had repeatedly dictated the Ombuds' position on legislative and policy issues. 

One e-mail showed that McCalley told Yordi and her staff of local Ombuds that their public-policy positions would be determined by "the governor's office." In response to the allegations last month, Gov. Chet Culver moved to separate the LTC Ombuds office from the state's Department on Aging. Yesterday, McCallum announced his resignation. (Des Moines Register; Chicago Tribune.)

Independence is a fundamental attribute for Ombuds. In many cases Ombuds report to the department or organization they are charged with monitoring. So long as the Ombuds' independence is respected, these reporting relationships can work. However, when the relationship threatens the Ombuds' independence, the issue must be addressed. In this case, the response of the governor was appropriate.

Job Posting: University of California, Los Angeles

The public research university in Los Angeles has opened a search for an Ombuds. Under general direction of the Campus Ombudsperson, the Associate Ombuds position provides impartial and confidential conflict resolution services to all members of the UCLA campus community, including consultation, negotiation, mediation and problem solving.

Other major functions include outreach efforts and special projects. The position pays $50,244-$90,468 per annum.  Applications are due June 16, 2010. (UCLA Jobs, Requisition No.: 14630, via Indeed.com.)

Related post: UCLA Ombuds Office Marks 40 Years of Service.

Ombuds Perspectives on Buenos Aires ODR Forum

Last week, Daniel Rainey and Frank Fowlie both attended the 2010 Online Dispute Resolution Forum, “Peace Building in the Digital-Era.” Rainey, who is the Ombuds and Director of ADR Services for the National Mediation Board, was impressed by the turn out and predicts that demand will soon result in a Spanish language page for ODR.info.

He also said,

Finally, there was for the first time serious talk of taking the sponsoring organization (NCTDR) and making it a more formal organization, perhaps even a membership organization along the lines of ACR or IOA. That’s an exciting and daunting prospect, of which more later. (Daniel Rainey's Blog.)

Fowlie, the Ombuds for ICANN, posted the presentation he made with Doug Leigh of FairShakeODR, “ODR within Developing Nations: Evaluating Transfer and Impact One Year After the 2008 ODR Forum.” After surveying the recent progress of the field, they boldly conclude that, “ODR may be poised to supersede ADR as an efficient and effective means for resolving disputes.” Fowlie and Leigh also agree that ODR needs a professional network. (ICANN Ombudsman Blog.)

Related posts: Interview: Ombuds & Director of ADR Services for National Mediation Board; International Forum on Online Dispute Resolution; International Organization for Migration Opens Ombuds Office; ICANN Ombuds Releases Fifth Annual Report.

Is the BP Disaster a Wake-up Call for the Ombuds Field?

John Zinsser is a vigorous and thoughtful advocate for Organizational Ombuds, but he is no Pollyanna. He is currently concerned about the role of the Ombuds program at BP and how that will impact perceptions of the field by the public at large, the management/leadership communities and the politically powerful.

Zinsser summarizes the history of BP's Ombuds program and its relationship to the Deepwater Horizon oil spill.

1. BP Hired a retired formal Judge and a team that has been as large as 12 to receive complaints as Ombudsman....
2. Data available to the public suggests they have managed approximately 200 inbound cases per year. * * * No data is available for later years, even though BPs sustainability report, which annually mentions the Ombuds Program and names Sporkin each year, provides annual case load numbers for its “Open Talk” program. This data suggests case loads for “Open Talk” ranging between 825 in 2009 to over 1000 in 2006, while siting only “43″ cases for the Sporkin lead Ombudsman Office in its first year.
3. BP’s U.S. Office of the Ombudsman, as they call it, is potentially the most expensive Ombuds Program in the world. Especially when considered on a per case basis.
4. This office received a complaint regarding non-compliant behavior that could impact safety of deep water oil rigs operating in the gulf of Mexico. The source of this claim is terminated from BP.
5. The Office of the Ombudsman:
∙ Publicly acknowledges the complaint
∙ Declares the complaint substantiated
∙ Admits that they (Ombudsman) had knowledge of the issue PRIOR to the compliant
∙ Admits the issue exists AFTER the complaint, and the termination of the author of the complaint, and
∙ Accepts BP saying the issue is remedied with out any documentation.

Zinsser is very troubled by the implication that the BP Ombuds could have averted the disaster if it had been been properly structured and actually honored by BP executives. Furthermore, it is no consolation to Zinsser that the BP Ombuds program does not follow either the IOA or USOA standards of practice. 

He concludes that the Ombuds field will "remain a small, caring, dedicated profession, that is misunderstood, if thought of at all," if it "continues to allow the word ['Ombuds'] to describe an exceptionally broad range of structural and behavioral uses." (Conflict Benefit Blog.)

Related posts: Critics Question Independence of BP Ombuds; BP Ombuds Could Draw Scrutiny in Gulf Oil Spill Investigation; Altman Weil Endorses Ombuds Programs for Large Law Firms; Ombuds as Solution to the Financial Meltdown.

Job Posting: National Transportation Safety Board

The NTSB is hiring a Senior Advisor for Workforce Operations in Washington, DC. In addition to advising the Managing Director on workforce concerns and issues, the position also serves as the Agency Ombudsman in resolving internal matters of conflict, dispute and disagreement. Major duties also include directing and managing NTSB's Workplace Alternative Dispute Resolution program. 

The GS-15 position pays $123,758 to $155,500 per year. Applications are due June 15, 2010. (Federal Government Jobs, vacancy no.: WA-TB-10-016.)

Friday Poll: Preaching to the Choir?

Have I written a post about you or your Ombuds program?

Prior: Friday Polls.

University of Colorado Denver Ombuds Reports 31% Jump in Cases

The Ombuds Office for students, staff, and faculty at CU Denver reported that it assisted 371 people in the 2008-09 fiscal year, a significant increase from 283 in the prior year. In addition, the office provided workshops and other presentations to about 2230 individuals. The office attributed the increase in part to individual concerns related to the poor economy.

In addition to a breakdown of cases, the report also presents some recommendations for the university. The Director of the CU Denver Ombuds Office is Melissa Connell; Mary Chavez Rudolph is the Associate Director and Lisa Neale is Ombuds & Lead Workshop Coordinator. (CU Denver Ombuds 2009 Report.)

Related post: CO-OP Board Announces First Class of Certified Ombuds.

Danish Broadcast Journalist Elected President of ONO

Jacob Mollerup, the Listeners and Viewers Editor at DR (the Danish Broadcasting Corp.), has been selected as the next president of the Organization of News Ombudsmen.

The head of DR's ethics and complaints was elected at ONO's annual conference last month in Oxford, England, and it is the first time the association's will be led by a television and radio journalist. (DR Presse.)

Related posts: Organization of News Ombudsmen Director Argues for 'Cyberombudsmen'; Organization of News Ombudsmen Will Hold 2010 Conference in Oxford.

Resources Online and Beyond for the Aspiring Ombuds

Diane Levin recently offered a list of essential resources for aspiring mediators. Many of these are good resources for aspiring Ombuds and her blog, Mediation Channel, should be regular reading for anyone looking at a career in dispute resolution. Here are some other suggestions for people looking to become Organizational Ombuds.

Current Best Practices

The International Ombudsman Association is the leading association for Organizational Ombuds and its Code of Ethics and Standards of Practice reflect current professional practices. In addition, IOA's statement on Best Practices and the Journal of IOA provide more recent updates and commentary on prevailing standards.

In 2009, the Board of Certification for Certified Organizational Ombudsman Practitioners was established for the purpose of awarding the Certified Organizational Ombudsman Practitioner (CO-OP) credential. One of the objectives of the certification program is to encourage consistent practices by Ombuds.

Blogs and Other Websites

A few Organizational Ombuds write blogs. These do not offer any details about specific cases, but do give some insights on current issues from an Ombuds' perspective. The notable blogs include: Conflict Benefit Blog by John Zinsser (consultant/owner of Pacifica Human Communications), ICANN Ombudsman Blog by Frank Fowlie (Ombuds for the International Corporation for Assigned Names and Numbers), Untangled Resolutions by Bathabile Mthombeni (Ombuds at Columbia University), and Friede Blog by Wende Friede (former Corporate Ombudsperson for American Express).

For the larger universe of dispute resolution, there are an abundance of blogs that will be relevant to aspiring Ombuds. In addition to the aforementioned Mediation Channel, I also recommend ADRHub, Mediate.com, and Campus-adr Tech Blog.

Books

There is really only one authoritative text about the field, Chuck Howard's The Organizational Ombudsman: Origins, Roles and Operations - A Legal Guide. The primary purpose of the book is to demonstrate why a properly constituted Organizational Ombuds program should be entitled to a confidentiality recognized in American law. Although this is comprehensive legal reference work, there no book about the day-to-day work of an Organizational Ombuds.

IOA publishes a few books about specific issues ("Reprisal, Retaliation and Redress," "Dealing with the Fear of Violence, "Options, Functions and Skills," etc.), but these are merely short brochures that need updating.

Making Connections With Working Ombuds

Aspiring Ombuds will find that current practitioners are generally willing to share insights and information about the field. Although most Organizational Ombuds will respond to "cold calls," it is often easier when there is a connection. For this reason, many will contact the Ombuds at their alma mater. It is also easy to make connections at an IOA training or annual conference. Although these are expensive, these are an excellent introduction to the field.  Aspiring Ombuds can also make virtually connections through groups at LinkedIn and Facebook.

The Spectrum of Ombuds

Organizational Ombuds are a recent development in the Ombuds field and aspiring Ombuds should know the differences and similarities between the various models of practice. One place to start would be the 2004 American Bar Association white paper, "Standards for the Establishment and Operation of Ombuds Offices," that outlined the differences between Legislative, Executive and Organizational Ombuds models. More information about Legislative and Executive Ombuds (often lumped together as "Classical" Ombuds) can be found at the the International Ombudsman Institute.

Classical Ombuds also have regional resources including African Ombudsman and Mediators Association, Asian Ombudsman Association, Association of Ombudsmen and Mediators of the Francophonie, Australian and New Zealand Ombudsman Association, British and Irish Ombudsman Association, European Ombudsman Institute, Forum of Canadian Ombudsman, Mediterranean Network Mediators and Ombudsmen, and United States Ombudsman Association. Although these are primarily comprised of Classical Ombuds, there are some Organizational members.

In addition, there are also a few organizations for Ombuds working in particular industries, such as Association of Canadian College and University Ombudspersons, Coalition of Federal Ombudsmen, European Network of Ombudsmen in Higher Education, National Long-Term Care Ombudsman Resource Center, and Organization of News Ombudsmen.

Update: André Marin is Reappointed as Ontario Ombudsman

The Ontario legislature has unanimously reappointed the province's chief watchdog to a second five-year term after weeks of public controversy. Marin's first term expired March 31 and he has been serving under a contract extension while the government conducted a search for his successor.

In the past several weeks, the Canadian press printed stories--allegedly spread by anonymous Liberals--questioning the Marin's office budget and employee relations. Premier Dalton McGuinty at one point had to tell Liberals to back off their criticisms of Marin, and said the ombudsman had just been doing his job of pointing out government faults. Marin told the Toronto Star that the process have been very difficult, but said that he would not change his style. (Toronto Star.)

Prior posts: Canada's Best-Known Ombuds Will Not be Rehired Automatically, Must Compete For Reappointment; Tweets Offers Perspective on 2010 IOA Conference; André Marin’s IOA Keynote Inspires Columnist.