Archive for the 'Guest Bloggers' Category


Ten Things Lawyers Should Know About Ombuds, #7: Ombuds are Increasing in Number — EngagingConflicts.com

Posted January 3, 2008 Comments Off

tomk.jpgThis 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, and point #6 here.

7. Ombuds are Increasing in Number

Naussau County in New York established the first classical ombudsman program in the United States in 1966. Shortly thereafter, organizational ombuds offices proliferated on college campuses. Currently, there are 201 active ombuds programs at U.S. colleges and universities according to a study conducted by Mary Newhart, a masters candidate at Cornell University, with 42% being established since 2000. In addition, many Federal agencies, companies and other organizations have created ombuds offices to manage conflict. Some programs have been established to prevent litigation or as part of settling a lawsuit. Growth in the private sector has been spurred because ombuds programs provide a confidential and anonymous reporting channel as required by Sarbanes-Oxley (while traditional compliance offices cannot).

In the past first year, the Ombuds Blog posted announcements of about 50 ombuds jobs, many at newly-created offices. The site also features links to 281 ombuds offices in corporations, higher education, government, health care, NGO’s and school districts. The International Ombudsman Association, the primary professional association for organizational ombuds, counts 331 full members (who adhere to IOA Standards of Practice and Code of Ethics). While ombuds are not yet widespread, their numbers will continue to expand with the implementation of alternative conflict management programs.

Ten Things Lawyers Should Know About Ombuds, #5: Ombuds are Neutral and Impartial — EngagingConflicts.com

Posted December 19, 2007 Comments Off

tomk.jpgThis 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, and point #4 here.

5. Ombuds are Neutral and Impartial

To be credible and effective, ombuds operate independently and without interference. This independence is achieved primarily through organizational recognition and reporting structure. Ombuds should report administratively to the highest possible office and should have the endorsement of the chief executive.

In assessing whether an ombuds is independent in structure, function, and appearance, the following factors are important: whether anyone subject to the ombuds’s jurisdiction or anyone directly responsible for a person under the ombuds’s jurisdiction (a) can control or limit the ombuds’s performance of assigned duties or (b) can, for retaliatory purposes, (1) eliminate the office, (2) remove the ombuds, or (3) reduce the budget or resources of the office. (ABA, Standards for the Establishment and Operation of Ombuds Offices, p. 3.)

Ombuds also are vigilant about their neutrality. As with mediators, ombuds do not take sides in any conflict, dispute or issue. Ombuds do not advocate for any party in a dispute, nor do they default to defending their organization. Ombuds strive to consider the interests and concerns of all stakeholders in order to facilitate dialog and assist parties work toward fair and equitable resolutions. Therefore, ombuds generally shun any relationships within their organization that could create a conflict of interest. In light of their peculiar, self-imposed isolation, most ombuds consider themselves “inside outsiders.”

Tom’s series will continue later.

Ten Things Lawyers Should Know About Ombuds, #4: Ombuds Protect Their Independence — EngagingConflicts.com

Posted December 13, 2007 Comments Off

tomk.jpgThis 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, and point #3 here.

4. Ombuds Protect Their Independence

Independence is a central tenet of ombuds practice. To be credible and effective ombuds must be free from interference in the legitimate performance of their duties in fact and appearance. This independence is achieved primarily through organizational recognition, reporting structure, and neutrality. In addition, ombuds should not have any other responsibilities within their organization that would create a conflict of interest. Ombuds strive to operate independently of most administrative authorities and to report to the highest office possible. Ombuds are thus free to become involved in matters without concern for bureaucratic entanglement or restrictions.

Attorneys accustomed to hierarchical procedures and limited job descriptions may find the independence of ombuds discomforting. However, attorneys should realize that ombuds cannot provide their critical service if constrained by protocol or conflicts of interest.

Tom’s series will continue next week.

Ten Things Lawyers Should Know About Ombuds, #3: Ombuds Assert Their Communications are Privileged — EngagingConflicts.com

Posted December 11, 2007 Comments Off

tomk.jpgThis 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 and point #2 here.

3. Ombuds Assert Their Communications are Privileged

Ombuds routinely advise that nothing revealed by the visitor, including the visitor’s identity, will be disclosed voluntarily to anyone outside the office without the visitor’s consent. (The only exception to this guarantee of confidentiality is if there is a threat of imminent harm, aka the Tarasoff exception.) Ombuds further assert that communications with visitors are privileged and that it is the ombuds who holds the privilege. Read more »

Ten Things Lawyers Should Know About Ombuds, #2: The ABA Has Endorsed Ombuds — EngagingConflicts.com

Posted December 7, 2007 Comments Off

tomk.jpgThis 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.


2. The ABA Has Endorsed Ombuds
The fundamental ethical guidelines for ombuds are the International Ombudsman Association’s (IOA) Code of Ethics and Standards of Practice. The first significant external commentary on ombuds practices came from the American Bar Association (ABA) in February 2004 when it issued “Standards for the Establishment and Operations of Ombuds Offices.” This marked the first time that another professional organization had examined and endorsed the role of ombuds. In response, IOA issued its own position paper in March 2006: “Guidance for Best Practices and Commentary on the American Bar Association Standards for the Establishment and Operation of Ombuds Offices.” The most significant difference between the IOA and ABA perspectives Read more »

Ten Things Lawyers Should Know About Ombuds, #1: Organizational Ombuds Are Different Than Classical Ombuds — EngagingConflicts.com

Posted December 6, 2007 Comments Off

tomk.jpgThis 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.

Introduction
Ombuds are dispute resolution professionals that work with individuals and organizations in conflict and crisis. (The terms “ombudsman” and “ombudsperson” are widely used, and “ombuds” is a common shorthand.) They work to resolve concerns and disputes long before the involvement of attorneys becomes necessary. It is therefore important for attorneys, whether providing advice on conflict management systems or litigating matters involving ombuds, to understand how ombuds work.

1. Organizational Ombuds Are Different Than Classical Ombuds

Ombuds fall into one of two main types. “Classical” ombuds generally are created by statute to receive and investigate complaints. (Classical ombuds are also known as “legislative” ombuds or, if located in the private sector, “executive” ombuds.) Classical ombuds are characterized [article Essential Characteristics of a Classical Ombudsman] by independence; impartiality and fairness; credibility of review process; and confidentiality. Read more »

WELCOME Guest Blogger Ombuds Thomas Kosakowski– EngagingConflicts.com

Posted December 1, 2007 * Comments(2)

tomk.jpgFrom time to time, a Guest Blogger will share voice at Engaging Conflicts. Previous Guest Bloggers are introduced here. Today we welcome Guest Blogger Thomas Kosakowski. Tom is Claremont Graduate University’s first University Ombudsperson.

Tom majored in economics and minored in art at Occidental College. After working as an economist for eight years, Tom earned his law degree from Loyola Law School, where he was an editor of the Entertainment Law Journal and a member of Phi Delta Phi. In nine years of law practice, Tom represented and counseled clients in state and federal actions and in California State Bar disciplinary matters. Tom has also been an associate ombudsperson at UCLA and interim director of the ombuds office at UC Riverside. You can find out more about him and ombuds at his personal blog, The Ombuds Blog, with news and information for and about organizational ombuds. Yesterday marked the one-year anniversary of his blog — congratulations, Tom! His site compiles and he covers (it seems like) all things ombuds, including primary resources for creating an ombuds office and links to (seemingly all) US and some international corporate and institutional ombuds offices. It’s a key resource, and perhaps the key resource.

Tom has written a 10-part series for Engaging Conflicts on “10 Things Lawyers Should Know About Ombuds.” Here’s the series list: Read more »

Guest Bloggers

Posted July 31, 2006 Comments Off

From time to time, I’ll host guests who will blog or dialogue.

David B. River On Ethics, Mediators and Lawyers

David is on the Board of the New Mexico Mediation Association, and is a full-time mediator in Santa Fe, New Mexico while finishing up a Masters Degree in Dispute Resolution with the University of Massachusetts. You can find out more about him and his practice at his firm’s website, River & Cadiz Mediation Services, www.rivercadiz.com.

He’ll guest blog about ethical issues mediators face with bi-weekly posts over a two-month (or so) period, beginning the week of July 10th, 2006. Earlier, I posted a link to David’s article, In Pursuit of Justice: Lawyers and Mediators Negotiating Identity (see the March 31, 2006 post titled “Those ‘Other’ Conflict Specialists ….” or use the SEARCH function in this blog). The article is published in the Vol. 5 No. 1, Winter 2006 issue, Family Mediation Quarterly — here’s an updated link to the full article: http://www.rivercadiz.com/Articles/FamilyMediationQuarterly-InPursuitofJustice.pdf.

Rawle Andrews Jr. of Andrews & Bowe, Washington, DC On Ethics, Mediators and Lawyers

Mr. Andrews was honored as the 2006 Pro Bono Lawyer of the Year by the District of Columbia Bar Association. In addition to his law practice, he is an American Arbitration Association Neutral. Rawle will guest blog about ethical issues alternating with Guest Blogger David E. River, with bi-weekly posts over a two-month (or so) period, beginning on July 17th, 2006.

He practices in the areas of business, commercial, and regulatory matters, including business torts, employment law, bankruptcy and creditors’ rights, contracts, and mortgage and real estate controversies. He also specializes in insurance coverage disputes, all phases of ADR, and government relations. He is a member of the District of Columbia Bar Association, the Pennsylvania Bar Association, the American Bar Association, and the National Bar Association. In addition to his law practice, Mr. Andrews is frequent author and lecturer on business and employment law issues; a fellow of the Center for International Legal Studies, a nonprofit research institute headquartered in Salzburg, Austria; a life member of Kappa Alpha Psi Fraternity, Inc.; a member of the National Institute for Trial Advocacy Alumni Association; and a participating pro bono attorney to AARP Legal Counsel for the Elderly.

His firm’s website is: http://www.lobbylawfirm.com/.

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