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Ombuds as Nomads? The Intersections of DSD and
Identity
Timothy Hedeen, Ph.D.November 13th, 2015
2
Ombudsman: three key points
… from the Swedish for representative (1809)… three distinct types
1. classical2. advocate3. organizational
… three core principles1. independence2. impartiality3. confidentiality
3
Ombudsman: three key points
… from the Swedish for representative (1809)… three distinct types
1. classical/traditional2. advocate3. organizational
… three core principles1. independence2. impartiality3. confidentiality
4
5
Social identity theory (Tajfel & Turner)
… the internalization of in- and out-group
memberships
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Moral exclusion (Opotow)
Othering Microaggressi
ons Microinequiti
es
Scope of justice
7
Oscillating space (Ratner & Woolford)
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SD
How Does Dispute System Design Help Us Teach Community Conflict (and How Can Community Conflict Help Illustrate Dispute System Design)?University of St. Thomas Law Journal Fall Symposium
Dispute System Design: Justice, Accountability and Impact
Andrea Kupfer Schneider
Professor of Law
Marquette University Law School
How I Typically Teach DSD
When—ADR, at the end of the semester
What—just basic introduction How—group exercises
How I Teach DSD—Example 1
Problem 12-9. What’s the Best Process?
Where many people are hurt or injured at the same time, do you think ADR can deal appropriately with legal damages, the need for catharsis and other forms of redress, or should claimants retain their rights to go to trial? Does it depend on the kind of case—death or bodily injury, employment discrimination or civil rights violations, economic harm?
How I Teach DSD—Example 2
Problem 14-4. What is Justice? What is Peace?
Imagine yourself a person grievously wronged—a terminated employee, an abandoned spouse, a victim of an urban American police beating, a victim of discrimination, a released political prisoner from an opposition party in a dictatorial state, a family member of a murder victim, a property owner in a former Communist state whose property was confiscated, an aged surviving Korean “comfort woman,” or a survivor of the German Holocaust or the Rwandan genocide.
What kind of process would you want in order to feel you had been “justly” dealt with? Would you want a public process to give testimony? A private ceremony of grief? Would you require compensation? An apology? Retribution? A formal determination of guilt with punishment? Would you want to create your own process, or would you be willing to use the same process as other people who suffered the same wrongs? How likely do you think it will be that all people who suffer these injuries would agree to the same process?
How I Teach DSD—Example 3
Determine a situation in which there are many individuals wronged—wrongful imprisonment, genocide, hurricane, foreclosure, political prisoner, product liability, medical mistakes, etc.
Think about from an individual perspective—use forum to fuss and therapeutic jurisprudence—what makes sense to you—look at questions in problem xx
Think about from an institutional perspective—how do you structure this? Who pays? Who are neutrals? Other issues?
What I Did Last Year
Applied to FergusonSame call—what process would you establish?
From the perspective of…Brown familyPoliceFerguson property ownersFerguson residents
How DSD Taught Community Conflict “safely”?
Future orientedNot assigning blameAssuming facts without arguingForced to take roles from all sides of the situation
DSD Principles Under Consideration
Multiple process options w/ loopingStakeholder involvement in designVoluntary participation Impartial neutralsTransparencyAccountabilityEducation on use/process
How Community Conflict Teaches DSD?
Learn what civilian review board (or similar) does
See implications of structural decisionwho investigates the complaintwho is on review boardhow they are selected length of term level of reporting to publicwhat review there is of a decision
Assess how to improve
How Community Conflict Teaches DSD?
Apply DSD principles to hot topicCan see relevance immediatelyOpens eyes to job and volunteer prospects
How Does Dispute System Design Help Us Teach Community Conflict (and How Can Community Conflict Help Illustrate Dispute System Design)?University of St. Thomas Law Journal Fall Symposium
Dispute System Design: Justice, Accountability and Impact
Professor Andrea Kupfer Schneider
Marquette University Law School
