Ombudsperson

Ombudspersons serve as an informal resource for individuals who struggle with interpersonal conflict, violation of institutional policies, or the challenges caused by the increasing bureaucratization of organizations. Originally arising as a voice of the people for citizens to navigate claims against government, ombudspersons have been established through legislation or institutional policy in executive, legislative, advocate, or organizational roles in government, private corporations, not-for-profit organizations, and academic institutions. Organizational ombudspersons, the focus of this entry, are situated outside of regular management channels and possess no other formal or adjudicative role, but seek fair and just process. Established as an informal resource for employees, ombudspersons provide a safe place to investigate options, obtain information on policies, procedures, rights, and responsibilities, and learn about the resources necessary for satisfactory resolution of issues and disputes. Three critical marks define the organizational ombudsperson: neutrality, independence, and confidentiality.

As a designated neutral, the ombudsperson remains impartial and does not align with any party in a dispute or controversy within an institution. The ombudsperson has no power to adjudicate disputes or implement policy or decisions. The ombudsperson helps clarify policies, encourages peaceful dispute resolution, mediates, and explores all options for [Page 1540]resolution. If an ombudsperson observes a trend that suggests the need for improvement of the entity or that violates institutional mission or policy, professional standards of practice permit systemic advocacy to encourage institutional change, so long as confidentiality is protected. To help minimize sources of conflict, ombudspersons frequently provide training on conflict management, mediation, and peacemaking.

As an independent, the ombudsperson is outside any formal reporting chains within an organization and has no other formal roles. The ombudsperson typically reports to the senior officer to ensure freedom from interference, control, or limitation on the ombudsperson's work. Although employed by the institution, the ombudsperson and the institution frequently draft charters to publicly set forth the necessary safeguards and procedures that guarantee the ombudsperson's independence, neutrality, and confidentiality.

Confidentiality remains the linchpin of the ombudsperson's responsibilities as parties seeking assistance are assured that conversations and identities will remain confidential. Confidentiality is held by the ombudsperson and cannot be waived unless the ombudsperson agrees or recognizes an imminent threat of serious harm. Unlike any other institutional officer, notice of an infraction or violation of policy or law to the ombudsperson is not notice to the organization. To protect the employee and serve justice, however, the ombudsperson may advise the individual how to give notice to the institution of violations of law or policy. Confidentiality serves a public purpose in encouraging individuals to come forward to discuss issues, explore the ramifications of giving notice to the organization or failing to give notice, inspire options, and seek resolution of problems without threat or fear of retaliation. The ombudsperson, therefore, seeks to increase workplace civility and emphasize respect for human dignity by helping individuals build confidence and hone the necessary skills to resolve conflict and pursue justice.