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Ombudsman Meeting #4 (29 August @ 05:00 UTC)

Ombudsman Meeting #4 (29 August @ 05:00 UTC)

Owned by Brenda Brewer
Last updated: Sept 06, 2016

Attendees: 

Sub-group Members:   Asha Hemrajani, Avri Doria, Chris LaHatte, Herb Waye, Sebastien Bachollet

Staff:  Bernie Turcotte, Brenda Brewer, Laena Rahim

Apologies:  

**Please let Brenda know if your name has been left off the list (attendees or apologies).**

Transcript

Recording

Agenda

• Call Admin and Roll Call / Apologies (2 min Staff)

• Welcome – Opening Remarks – Meeting schedule (3 min SBT)

• Discuss / document (50 min)

– Background for Ombuds Office in Work Stream 2

– Dependencies between the sub-groups

– Stress Tests

– Current role of the ICANN Ombuds Office

– Evaluation

– Various types of Ombudsman roles

– Challenges

– Recommendation

– Additional role for the Ombuds Office?

– Interaction 

Communication & Relationship

– Trust

– Advice

– Conclusion

• Next Meeting (5 min)

• AOB (5 min)

Notes

Call Admin and Roll Call / Apologies

  • Sebastein Bachollet: Welcome to meeting # 4. 5 participants.

• Welcome – Opening Remarks – Meeting schedule 

• Discuss / document (Sebastien Bachollet - presentation of slides as per below headers)

       – Background for Ombuds Office in WS2 - 1

       – Dependencies between the sub-groups - 2

    • Asha Hemrajani: when do we expect reports from the liaisons? SB: nothing so far.
    • Avri Doria: As one of those liaisons is more AS REQUIRED in a bidirecttional mode vs scheduled based.
    • Asha Hemrajani: was looking more for a checkpoint to ensure we are prepared for major events such as Hyderabad.
    • Avri Doria: could even include a liaison slot in each meeting just to check if there is anything.
    • Sebastien Bachollet: ACTION ITEM - check dependencies at each meeting of this group.

       – Stress Tests - 3

       – Current role of the ICANN Ombuds Office - 4

    • Herb Waye: Could not find a reference to the Ombuds in the posted PTI Bylaws. May not be required - it should automatically come to the ICANN Ombuds.
    • Sebastien Bachollet: Would it really work like this? I will add the HW comment in the Google doc.

       – Evaluation - 5

    • Sebastien Bachollet: Introduction to the table for this.
    • Avri Doria: A question: while the recommendations of the ombuds are not decisions, are the facts of the case provided by the ombudsman given any sort of status.
    • Chris LaHatte: I don't believe they have any more than a recommendation.
    • Sebastien Bachollet: this part 5 of the document will require a dedicated call.

       – Various types of Ombudsman roles - 6

       – Challenges - 7

       – Recommendation - 8

       – Additional role for the Ombuds Office? -9

    • Herb Waye: Have rarely seen the role expand like this. There are some cases where the Ombuds can be a Champion for various activities such as Diversity or Ethics or Human Rights.
    • Asha Hemrajani: How do we see the Ombuds being the mediator of disputes in the organization. Re Champions - need to think more about this - unclear how we could formalize this but would be ok with Champions as an informal role.
    • Chris LaHatte: The role of the Ombuds is not formally defined or very broad and as such it is probably more important to have everyone understand that the Ombuds is there to mediate all sorts of disputes.
    • Asha Hemrajani: In Singapore I am a court appointed mediator - settlements are confidential but are binding. As such if an Ombuds would act as this type of mediator what would be the nature fo the recommendation.
    • Chris LaHatte: if the Ombuds does mediate to an agreement, that agreement is not a recommendation, but a contract between the parties.
    • Chris LaHatte: that is an interesting issue of jurisdiction
    • Asha Hemrajani: In the court sanctioned mediation, that is a very easy question to answer...
    • Asha Hemrajani: ok so we have one question to our jurisdiction liaison
    • Chris LaHatte: not at all easy except that a contract can usually be enforced, but in what jurisdiction?
    • Herb Waye: Asha do you see us having a role in something like the Cooperative Engagement Process as mediator for instance?
    • Avri Doria: i.e. do those who are being mediate between asked to sign a contract?
    • Chris LaHatte: Avri, yes
    • Asha Hemrajani: In a court mediation yes Avri.  but in the mediations I am involved in, contract signing is done at end of mediation, at the setllement time, not at the beginning of the mediation

       – Interaction - 10

       – Communication & Relationship - 11

       – Trust - 12

       – Advice - 13

       – Conclusion -14

• Next Meeting

  • Tuesday September 6th 1300UTC.

• AOB

  • Sebatien Bachollet: I will give a report on our work to the full CCWG group. Adjourned.

Action Items

  • Sebastien Bachollet: ACTION ITEM - check dependencies at each meeting of this group.

Documents Presented

Chat Transcript

  Brenda Brewer:Good day all and welcome to the WS2 Ombudsman Subgroup Meeting #4 on 29 August 2016 @ 05:00 UTC!

  Herb Waye:Hey Brenda... fancy meeting you here :-)

  Bernard Turcotte Staff Support:hi all

  Avri Doria:happy monday

  Chris LaHatte:good evening all

  Asha Hemrajani:Hello all

  Asha Hemrajani:Could we zoom in

  Asha Hemrajani:I have a different question

  Asha Hemrajani:I have a followup question, after Avri is done

  Avri Doria:could even include a liaison slot in each meeting just to check if there is anything.

  Asha Hemrajani:subsidiary is correct

  Avri Doria:what PTI?  i thought it was an affiliate, properly speaking.  same thing but different.  but maybe i missed the question.

  Avri Doria:a question: while the recommendations of the ombuds are not decsions, are the facts of the case provided by the ombudsman given any sort of status.

  Chris LaHatte:I don't believe they have any more than a recommendation

  Asha Hemrajani:yes that is my understanding too

  Asha Hemrajani:a lot of echo on the line

  Sebastien (ALAC):Please mut your mic

  Sebastien (ALAC):Thanks

  Avri Doria:thanks Heb, yes

  Avri Doria:Herb

  Chris LaHatte:yes

  Asha Hemrajani:line is silent, is there anyone there?

  Herb Waye:sebastien you are muted

  Chris LaHatte:+1 Herb

  Asha Hemrajani:Chris, could you please speak up

  Bernard Turcotte Staff Support:very faint

  Chris LaHatte:if the Ombuds does mediate to an agreement, that agreement is not a recommendation, but a contract between the parties

  Asha Hemrajani:yes Chris...that is what I was trying to get to

  Avri Doria:what makes that binding nature formal?

  Asha Hemrajani:yes Avri, that is my question here - how would this agreement that the ICANN ombuds helped to mediate - how would that be binding

  Chris LaHatte:that is an interesting issue of jurisdiction

  Asha Hemrajani:In the court sanctioned mediation, that is a very easy question to answer...

  Asha Hemrajani:ok so we have one question to our jurisdiction liaison

  Chris LaHatte:not at all easy except that a contract can usually be enforced, but in what jurisdiction?

  Herb Waye:Asha do you see us having a role in something like the Cooperative Engagement Process as mediator for instance?

  Avri Doria:i.e. do those who are being mediate between asked to sign a contract?

  Chris LaHatte:Avri, yes

  Asha Hemrajani:In a court mediation yes Avri

  Asha Hemrajani:but in the mediations I am involved in, contract signing is done at end of mediation, at the setllement time, not at the beginning of the mediation

  Chris LaHatte:as a mediator that is all we can ever do

  Chris LaHatte:we can't solve all of the problems sadly

  Asha Hemrajani:my settlement rate has been >90% so far :-)

  Chris LaHatte::-)

  Herb Waye:Good job Sebastien

  Chris LaHatte:good questions, thanks to all

  Bernard Turcotte Staff Support:sorry Sebastien hav ing issues

  Bernard Turcotte Staff Support:bye all

  Avri Doria:bye, and enjoy you vacation

  Herb Waye:thanks and bye all

  Asha Hemrajani:Thank you all and bye