Mediation is a structured, interactive process where an impartial third party neutrally assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that they manage the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties.
The Federal Mediation and Conciliation Service (FMCS), founded in 1947, is an independent agency of the United States government, and the nation's largest public agency for dispute resolution and conflict management, providing mediation services and related conflict prevention and resolution services in the private, public, and federal sectors. FMCS is tasked with mediating labor disputes around the country; it provides training and relationship development programs for management and unions as part of its role in promoting labor-management peace and cooperation. The Agency also provides mediation, conflict prevention, and conflict management services outside the labor context for federal agencies and the programs they operate. The FMCS headquarters is located in Washington, D.C., with other offices across the country.
The Organization of News Ombudsmen and Standards Editors (ONO) is a modern, international non-profit organization. ONO membership comprises news ombudsman, readers' representatives and standards editors from around the world, working online, in print, in television and radio. All are individuals who work for professional news organizations such as the BBC, the Guardian, CBC, the ABC and SBS in Australia and the Hindu in India. Editorial standards editors work to maintain ethical practice in their newsrooms, while ombudsmen or reader representatives attempt to find mutually satisfactory solutions to complaints about coverage. Both standards editors and ombudsmen seek to explain the workings of journalism to their audiences.
Parliamentary Ombudsman is the name of the principal ombudsman institutions in Finland, Iceland, Denmark, Norway, and Sweden. In each case, the terms refer both to the office of the parliamentary ombudsman and to an individual ombudsman.
The Local Government and Social Care Ombudsman (LGSCO), legally the Commission for Local Administration in England and formerly known as the Local Government Ombudsman (LGO), investigates complaints from members of the public about councils and some other some other authorities and organisations providing public services in England. It also investigates complaints about registered adult social care providers. It is the last stage of the complaints process, for people who have given the council or provider opportunity to resolve the issue first. It is a free service. Similar duties are carried out by the Public Services Ombudsman for Wales, the Scottish Public Services Ombudsman and the Northern Ireland Ombudsman. The current (interim) Local Government and Social Care Ombudsman is Paul Najsarek, whose appoinment commenced on 1 April 2023.
Organizational conflict, or workplace conflict, is a state of discord caused by the actual or perceived opposition of needs, values and interests between people working together. Conflict takes many forms in organizations. There is the inevitable clash between formal authority and power and those individuals and groups affected. There are disputes over how revenues should be divided, how the work should be done, and how long and hard people should work. There are jurisdictional disagreements among individuals, departments, and between unions and management. There are subtler forms of conflict involving rivalries, jealousies, personality clashes, role definitions, and struggles for power and favor. There is also conflict within individuals – between competing needs and demands – to which individuals respond in different ways.
Dispute Systems Design (DSD) involves the creation of a set of dispute resolution processes to help an organization, institution, nation-state, or other set of individuals better manage a particular conflict and/or a continuous stream or series of conflicts. For an article about systems for dealing with disputes within organizations see also complaint systems.
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system.
A complaint system is a set of procedures used in organizations to address complaints and resolve disputes. Complaint systems in the US have undergone significant innovation especially since about 1970 with the advent of extensive workplace regulation. Notably in many countries, conflict management channels and systems have evolved from a major focus on labor-management relations to a much wider purview that includes unionized workers and also managers, non-union employees, professional staff, students, trainees, vendors, donors, customers, etc.
The Energy & Water Ombudsman NSW (EWON) is the approved dispute resolution scheme for all electricity and gas customers in New South Wales, Australia, and some water customers.
Ombudsmen in Australia are independent agencies who assist when a dispute arises between individuals and industry bodies or government agencies. Government ombudsman services are free to the public, like many other ombudsman and dispute resolution services, and are a means of resolving disputes outside of the court systems. Australia has an ombudsman assigned for each state; as well as an ombudsman for the Commonwealth of Australia. As laws differ between states just one process, or policy, cannot be used across the Commonwealth. All government bodies are within the jurisdiction of the ombudsman.
Employer Support of the Guard and Reserve (ESGR) is the lead U.S. Defense Department program promoting cooperation and understanding between civilian employers and their National Guard and Reserve employees. Established in 1972, ESGR operates within the Office of the Assistant Secretary of Defense for Reserve Affairs. ESGR develops and promotes supportive work environments for service members in the Reserve Components through outreach, recognition, and educational opportunities that increase awareness of applicable laws and resolves employer conflicts between the service members and their employers.
The Ombudsman for Banking Services and Investments (OBSI) is a Canadian organization whose responsibility is to handle the financial disputes of consumers and small businesses that could not be resolved by the customers and the financial firms on their own. The OBSI provides the service on an impartial and independent basis, and free of charge to the consumer as an alternative to the legal system.
The International Ombuds Association (IOA) is an organization formed to support organizational ombuds. The International Ombuds Association has a number of predecessors. It was first formed as the Corporate Ombudsman Association (COA) in 1984 under founding president Mary Rowe. In 1992, to better reflect its membership, the Corporate Ombudsman Association (COA) was re-named The Ombudsman Association (TOA). In July 2005, TOA joined with the University and College Ombudsman Association to become the International Ombudsman Association (IOA). In 2021, it changed its name to the International Ombuds Association.
An ombudsman, ombud, ombuds, ombudswoman, ombudsperson or public advocate is an official who is usually appointed by the government or by parliament to investigate complaints and attempt to resolve them, usually through recommendations or mediation.
In the United States, there is no unified federal ombudsman service. The role of handling complaints against federal authorities has to some extent been unofficially incorporated into the role of the US Member of Congress. This informal job has become increasingly time-consuming. It is subject to criticism on the grounds that it interferes with a legislator's primary duty, namely to read and be knowledgeable about a bill before casting his or her vote.
The Financial Ombudsman Service (FOS) was a member-funded Australian ombudsman service that provided external dispute resolution for consumers who were unable to resolve complaints with member financial services organisations.
A children's ombudsman, children's commissioner, youth commissioner, child advocate, children's commission, youth ombudsman or equivalent body is a public authority in various countries charged with the protection and promotion of the rights of children and young people, either in society at large, or in specific categories such as children in contact with the care system. The agencies usually have a substantial degree of independence from the executive, the term is often used differently from the original meaning of ombudsman, it is often an umbrella term, often used as a translation convention or national human rights institutions, dealing with individual complaints, intervening with other public authorities, conducting research, and – where their mandate permits them to engage in advocacy – generally promoting children's rights in public policy, law and practice. The first children's commissioner was established in Norway in 1981. The creation of such institutions has been promoted by the United Nations Committee on the Rights of the Child, and, from 1990 onwards, by the Council of Europe.
The Office of the British Columbia Ombudsperson is one of ten provincial ombudsman offices in Canada. It receives enquiries and complaints about the administrative practices and services of public agencies in British Columbia. It is headed by the B.C. Ombudsperson, an officer of the provincial legislature who is independent of government and political parties. Its role is to impartially investigate complaints to determine whether public agencies have acted fairly and reasonably, and whether their actions and decisions were consistent with relevant legislation, policies and procedures.
Mary P. Rowe is an adjunct professor of Negotiation and Conflict Management at the MIT Sloan School of Management, where she specializes in the areas of conflict resolution, negotiation and risk management.
