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Policy and Procedures
Mediation
Confidential mediation services are provided by the ombudsman. Mediation can be useful in a variety of circumstances where all parties agree to work together to resolve their conflict through mediation. The ombudsman will first arrange meetings with the individuals involved individually to determine the suitability of mediation. Mediation must always be voluntary; in other words, all parties must be willing to mediate the conflict without coercion from superiors or others. Mediation parties are asked to sign confidentiality agreements to protect the mediation process.
Mediation can be particularly useful when relationships need to be repaired following an incident or investigation in the workplace. It’s worth it if the parties anticipate having to work together in the future, and can give everyone involved a greater degree of comfort in an uncomfortable or troubling situation. This process gives the parties an opportunity to create their own solution to the dispute and can be empowering.
Mediations can be informal and usually take place in the ombudsman’s office. The parties develop ground rules to ensure that the process is respectful and produces solutions.
The ombudsman has experience as a mediator and has completed a number of trainings in mediation processes. The Ombudsman cannot refer visitors to external mediators or lawyers. Useful books on mediation can be found in the list in the Reading section.
Confidentiality
Confidentiality is one of the most important aspects of the ombudsman’s work. Confidentiality means that the fact of your visit and anything you tell the ombudsman is treated as confidential unless you, the visitor, wish to give the ombudsman permission to disclose specific matters to specific people in an effort to resolve issues.
Interviews with the persons involved are also confidential. In other words, any contact with the ombudsman’s office is confidential unless the ombudsman is given permission to pass the information on to a specific person.
Only the ombudsman can waive the privilege of confidentiality.
The only time the ombudsman breaks the promise of confidentiality is when the visitor threatens another person or himself with imminent bodily harm. This rule is in accordance with the Code of Ethics of the Ombudsman Association.
The office is often one of the few places where individuals can discuss their problems without fear of any adverse consequences. One of the most important aspects of the office is that matters relating to potential legal obligations on the part of managers, such as the duty to investigate a matter involving sexual harassment, can be fully discussed without the ombudsman having to act. The Ombudsman is independent and is not considered a manager or official of the College. The office was established to provide a place where there can be no “disadvantages” to discussing difficult issues.
In short, consistent with the neutrality of the Ombudsman and the confidential nature of the process, a communication to the Ombudsman does not alert Meharry Medical College or it’s schools to the content of the communication. If you want to report a problem or concern or make a complaint or complaint, the ombudsman can refer you to the appropriate person, authority or procedure.
Ethical Standards
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 where there appears to be imminent threat of serious harm.
- The Ombudsman must take all reasonable steps to protect any records and files pertaining to confidential discussions from inspection by all other persons, including management.
- The Ombudsman should not testify in any formal judicial or administrative hearing about concerns brought to his/her attention.
- When making recommendations, the ombudsman has the responsibility to suggest actions or policies that will be equitable to all parties.
The Ombudsman Association Standards of Practice
The mission of the organizational ombudsman is to provide a confidential, neutral and informal process which facilitates fair and equitable resolutions to concerns that arise in the organization. In performing this mission, the ombudsman serves as an information and communication resource, upward feedback channel, advisor, dispute resolution expert and change agent.
While serving in this role:
- We adhere to The Ombudsman Association Code of Ethics.
- We base our practice on confidentiality.
- An ombudsman should not use the names of individuals or mention their employers without express permission.
- During the problem-solving process an ombudsman may make known information as long as the identity of the individual contacting the office is not compromised.
- Any data that we prepare should be scrutinized carefully to safeguard the identity of each individual whose concerns are represented.
- Publicity about our office conveys the confidential nature of our work.
- We assert that there is a privilege with respect to communications with the ombudsman and we resist testifying in any formal process inside or outside the organization.
- Communications between an ombudsman and others (made while the ombudsman is serving in that capacity) are considered privileged. Others cannot waive this privilege.
- We do not serve in any additional function in the organization which would undermine the privileged nature of our work (such as compliance of officer, arbitrator, etc.)
- An ombudsman keeps no case records on behalf of the organization. If an ombudsman finds case notes necessary to manage the work, the ombudsman should establish and follow a consistent and standard practice for the destruction of any such written notes.
- When necessary, the ombudsman’s office will seek judicial protection for staff and records of the office. It may be necessary to seek representation by separate legal counsel to protect the privilege of the office.
- We exercise discretion whether to act upon a concern of an individual contacting the office. An ombudsman may initiate action on a problem he or she perceives directly.
- We are designated neutrals and remain independent of ordinary line and staff structures. We serve no additional role (within an organization where we serve as ombudsman) which would compromise this neutrality.
- An ombudsman strives for objectivity and impartiality.
- The ombudsman has a responsibility to consider the concerns of all parties known to be involved in a dispute.
- We do not serve as advocates for any person in a dispute within an organization; however, we do advocate for fair processes and their fair administration.
- We help develop a range of responsible options to resolve problems and facilitate discussion to identify the best options. When possible, we help people develop new ways to solve problems themselves.
- An ombudsman should exercise discretion before entering into any additional affiliations, roles or actions that may impact the neutrality of the function within the organization.
- We do not make binding decisions, mandate policies or adjudicate issues for the organization.
- We remain an informal and off-the-record resource. Formal investigations – for the purpose of adjudication – should be done by others. In the event that an ombudsman accepts a request to conduct a formal investigation, a memo should be written to file noting this action as an exception to the ombudsman role. Such investigations should not be considered privileged.
- We do not act as agent for the organization and we do not accept notice on behalf of the organization. We do always refer individuals to the appropriate place where formal notice can be made.
- Individuals should not be required to meet with an ombudsman. All interactions with the ombudsman should be voluntary.
- We foster communication about the philosophy and function of the ombudsman’s office with the people we serve.
- We provide feedback on trends, issues, policies and practices without breaching confidentiality or anonymity. We identify new problems and we provide support for responsible systems change.
- We keep professionally current and competent by pursuing continuing education and training relevant to the ombudsman profession.
- We will endeavor to be worthy of the trust placed in us.
Policy
The OMBUDS policy explains the role of the College’s Office of the OMBUDS.