Ombuds

Where Do They Fit in the Spectrum of ADR Services?

Presented by

Barbara Beatty, M.D.R.

ADR Specialty Group

Phoenix, Arizona

Evolution of the Ombuds Classical to Organizational

• Medieval Germanic tribes--culprit and victim families

• 1713, King Charles XII of Sweden “Chancellor of Justice”

• 1809, Finland & Swedish add to Constitutions,

“Justiombudsmen”

Findland, Norway, Denmark, Germany, New Zealand

The Modern Ombudsman

Canada and the United States adopt the Ombudsman concept in the 1960s and 1970s

1969 ABA Resolution identifying 12 essential characteristics of Ombudsmen

Became recognized as the “Classical Ombudsman”

By 1980, 25 states had adopted some form of the Classical Ombudsman function.

Particularized Needs • Concepts of impartiality and non-advocacy emerge for specific state

and municipal agencies such as prisons, nursing homes, newspapers etc.

• With the social turmoil of the 1960’s, Universities and Colleges started adopting the Ombudsman concept –

1969—CCCOP, 1985 UCOA

• Government ombuds were continuing to break away from the investigative model

• Corporations and Unions , 1970’s

• Evolved into the “Organizational Ombudsman” model

• Advocate Ombuds – past and present

Spectrum of Ombudsmen

Organizational

Advocate Classical

What’s in a Name?

Here, not much!

• Chancellor of Justice

• Justiombudsman

• Ombudsman

• Classical Ombudsman

However…

What’s in a Name?

There IS a difference.…

Ombudsperson

Ombuds

Advocate Ombudsman

Organizational Ombudsman

Who Becomes an Ombuds?

Trained Neutrals

Mediators

Lawyers

Trusted internal experienced staff members

Faculty

Retired Faculty and/or Executives

Advocates

People with counseling backgrounds

Specific needs of organization

Nurses

Advocate Ombuds

Citizen Defender

Healthcare

Eldercare and Long-Term Care

Environmental ____________________

Advocates for Fair Process

Educational Ombuds

• Predominantly Organizational Ombuds

• Influence of Dr. Mary Rowe

• Pro-active role

• Shift from dealing with groups to dealing with individuals

• Expansion of constituencies –students, faculty, and/or administration to include staff and community

Corporate Ombuds

• 1960’s and 1970’s as well

• Socially responsible organizations

• Working as part of management though independent, informal

• Evolving into the ‘corporate conscience”

• Still predominantly a Classical model

• Availability, neutrality, and power

Growth of the Ombuds Field

1980s

1990s

2000s

Today’s Organizations

International Ombudsman Association – IOA www.ombudsassociation.org

United States Ombudsman Organization – USOO www.usombudsman.org

Organization of News Ombudsmen – ONO www.newsombudsmen.org‎

Developments

Organizational Ombuds

Code of Ethics

Standards of practice

Certified Ombuds – IOA

More research, quarterly publications,

e-magazine, blogs

Primary Value of the Organizational Ombuds

• Risk Management

• Continuous improvement-organizational change

• Reduced employee turnover

• Boost in employee morale

“We get by with a little help from our friends”

The importance of ALL Neutrals, ADR Professionals working together for to help

each other and the field

The Organizational Ombudsman: Origins, Roles and Operations, A Legal Guide

by

Charles L. Howard

ABA Section of Dispute Resolution, 2010, 642 pgs