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F.A.Q.
How would an Ombudsman Program help my company? An Ombudsman program is uniquely positioned to support risk mitigation, ethics and organizational change goals by removing barriers and executing critical processes. It does not replace an organization's issue-resolution functions; it complements them with additional capabilities. An Ombuds program is independent and outside the organization's management structure. Therefore, it can provide complete confidentiality, official neutrality and informality. An Ombuds function requires minimal investment and is an increasingly important factor in governmental, corporate and academic organizations. What is the role of the Ombudsman? Surfaces organizational issues: The Ombudsman conducts probing interviews, employs active listening skills and conducts informal fact-finding in order to gain understanding of issues. The Ombudsman and inquirer together generate an array of options. The Ombudsman then coaches the inquirer to bring the issue to the appropriate channel in the organization or takes the issue forward directly. Supports issue resolution: The Ombudsman coaches' line and staff leaders on approaches to address the issue, sharing best practices. If appropriate, the Ombudsman acts as a communication conduit or conducts informal mediation. Serves as a change agent: While preserving the confidentiality of individual cases, the Ombudsman:
Who uses the Ombudsman Office? The office of the ombudsman is available to all levels of employees within your organization, your vendors and independent contractors. What are the workplace issues that come to an Ombudsman office? The Office of the Ombudsman listens to issues ranging from code of conduct violations to behavior inconsistent with the values of your organization. Here are some appropriate situations to raise to the ombudsman.
How does the Ombudsman maintain confidentiality? Whether a person needs to generate options or find an objective ear to air a concern, the informal, confidential ombudsman is always there. All conversations are considered privileged and confidential. The Office of the Ombudsman is constructed to provide the maximum privacy, and the identity of the people contacting the office will not be revealed without the express permission of the individual making the inquiry. The ombudsman maintains separate telephone and computer systems to ensure maximum privacy. Are there Standards of Practice? Yes, The MORE ombudsman follows the standards of practice of The Ombudsman Association Code of Ethics: The ombudsman, as a designated neutral, has the responsibility of maintaining strict confidentiality concerning matters that are brought to his/her attention unless given permission to do otherwise. The only exceptions, at the sole discretion of the ombudsman, are when there appears to be imminent threat of serious harm. The ombudsman must take all reasonable steps to protect any records or files
pertaining to confidential discussions from inspection by all other persons, including
management. When making recommendations, the ombudsman has the responsibility to suggest actions or policies that will be equitable to all parties. Mediation is the process of facilitated communication between opposing parties by an impartial third party, known as the mediator. The objective of the mediator is to assist the parties in reaching a mutually acceptable agreement to end the litigation. The mediator typically uses two core techniques to assist the parties. One technique is reality testing, which serves to challenge the party's current perspective on the case. The second technique is probing for underlying interests, which serves to open up a range of creative solutions to resolve the case. Nationally, over 80% of commercial mediations reach an agreement. The classic advantages of mediation are that a) the parties retain control of the outcome, b) the setting is informal, c) the process is totally consensual, d) the solutions can be very creative, e) the process is inexpensive, and f) the process encourages personal responsibility. Mediation is valuable for any type of civil litigation except where a judicial precedent is desired or where the case is connected to another case and settlement is premature. The mediator has no power or authority to make decisions for the parties, and will not impose any resolution upon the parties that they do not find acceptable. The mediator does not function as a Judge, attorney or therapist, but instead acts as an impartial facilitator. He/She will assist the parties to communicate and negotiate, enabling the parties to discuss options and make informed decisions. The mediator may meet with the parties together in joint session, and separately if the mediator believes it to be helpful to the process. What kinds of conflicts can be mediated? Interpersonal problems, involving co-workers or managers, can benefit from mediation, as well as potential legal claims relating to a partner's employment or employment agreement. These include claims of sexual harassment, including hostile work environment and other types of harassment or discrimination, ADA or FMLA violations, wrongful termination, wage disputes, severance issues and contract claims, to name a few. If a potential legal claim is involved, an investigation may need to occur before the mediation can take place. Yes. Confidentiality is critical to the success of the mediation process, so that all persons attending can trust that they can have a full and frank discussion with the mediator about the issues. The mediator will present a Confidentiality Agreement to be signed by all persons attending the mediation. The mediator will not report what happens in the privacy of a mediation session to anyone not in attendance at the mediation, and nothing that is said in the session can be used later in arbitration or a court proceeding. All notes taken by the mediator will be destroyed after the mediation. Persons in attendance are free to retain their own notes. The only information that is not confidential is whether or not an agreement that is reached, and if so, the terms of that agreement. |
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