Ten Things Lawyers Should Know About Ombuds, #9: Ombuds Are Not Agents for Notice — EngagingConflicts.com
This is one of Guest Blogger Ombuds Thomas Kosakowski’s posts in his series “10 Things Lawyers Should Know About Ombuds”, part of the Engaging Conflict’s Taking Peacemaking Public series. His Introduction and point #1 are posted here, point #2 here, point #3 here, point #4 here, point #5 here, point #6 here, point #7 here, and point #8 here.
9. Ombuds Are Not Agents for Notice
Ombuds stress that they are cannot receive notice on behalf of their institution. Since ombuds are ethically bound to keep confidences, their knowledge is not imputed to their employer. According to the ABA, if an ombuds is functionally independent, impartial and confidential then:
(a) no one, including the entity in which the ombuds operates, should deem the ombuds to be an agent of any person or entity, other than the office of the ombuds, for purposes of receiving notice of alleged violations, and (b) communications made to the ombuds should not be imputed to anyone else, including the entity in which the ombuds acts …. (ABA Standards, p. 6.)
In addition to advising visitors that they cannot accept notice, many ombuds also operate under written protocol that clearly states this limitation (e.g., NASA’s ombuds program).
The benefit of this arrangement is that ombuds can assist visitors in deciding how to effectively raise their concerns formally if an informal resolution is unsuccessful or impractical. Ombuds often explain how to put their organization on notice by contacting another office and triggering an appropriate process. Visitors are thus empowered and better participate in a formal resolution.
Tom’s series will continue Wednesday.
