Dispute Settlement Counsel

Whenever I suggest the use of an Ombuds person (also referred to as an “Ombuds” or an “Ombudsman”) as a key component in the business strategy of being proactive and taking steps to prevent disputes from arising, I get the question:  What is an ombuds? What does an Ombuds person do?

An ombuds is a neutral, independent and confidential resource person that a company or an organization hires to help it solve problems – small ones as well as big ones – early on, before they escalate into bigger problems or disputes.  An Ombuds is usually someone who is either trained and/or talented as a trusted counselor/intermediary/facilitator.   An Ombuds is a part of the process of identifying and solving the problem early on, and plays an important role in helping to solve it.  The Ombuds may not be the one that solves it, as much as being the person who puts the wheels of solution into motion.

The most important skill that the Ombuds needs to have is the talent of active and empathetic listening.  That is a talent that is highly underrated and often overlooked in the business or organizational world.  But it is critical, and is greatly appreciated by those who benefit from the efforts of a good listener.

Equally vital is the talent for having the insight and resourcefulness to identify the essence of the problem and know which way to direct people’s actions, and what resources to bring to bear to solve it.  You might call an Ombuds a problem solving architect or engineer, a person with a knack for dissecting the problem, seeing what needs to be done to solve it, and setting things in motion in a neutral way, all the while respecting the confidentiality of the situation.

You won’t know when an Ombuds has been successful, just as you rarely know the architects or engineers on buildings or projects.  Only the parties who worked with the Ombuds will know, because of the confidentiality of the work.  You’ll also know only because the organization or the company will have sailed through the problem without a hitch, as if no one knew there was ever a problem, and continue to function in a healthy way.

The playing field for the Ombuds is not for big egos, but rather the place for those who relish the thought of knowing that their work, done quietly and behind the scenes, averted a larger problem, saved the people involved a lot of pain or damage, probably saved the company’s or organization’s reputation from being tarnished, as well as saving a lot of money and time, that can now be spent on the mission and purpose of the organization.

The realm in which the Ombuds operates is a very cool place.  The work they do is often unseen, which is why people don’t know what an Ombuds does.  But those organizations and companies that have the foresight and proactive thinking to include the services of an Ombuds in their systems are most often far better places to work, with far less problems and happier people working there.

For more information about Ombuds services, please visit the Zeytoonian Center for Dispute Resolution and the International Ombudsman Association at  www.ombudsassociation.org.