Frequently asked questions

What does the Ombuds Office do?

• Listen and discuss questions, issues and concerns
• Help evaluate various options to address concerns 
• Answer questions or make referrals to others
• Facilitate communication between people
• Mediate disputes to seek "win-win" resolution of problems
• Explain university policies and procedures
• Point out patterns of problems/complaints to administrators
• Advise individuals about steps to resolve problems informally
• Advise individuals about formal and administrative options
• Make appropriate referrals when informal options don't work
• Provide mediation and facilitation
• Provide various workshops for personal development

What does the Ombuds Office NOT do?

• Participate in formal grievance processes
• Make administrative decisions for UMass Dartmouth administrators
• Determine "guilt" or "innocence" of those accused of wrong-doing
• Assign sanctions to individuals
• Receive official "notice" for the university about issues
• Give legal advice

What is mediation and how does it work?

Mediation is a confidential process which brings conflicting parties together to engage in a problem-solving dialogue with one another. The effort is assisted by a third party (Ombuds). Mediation can often move parties forward from stagnant positions, which often prevent resolution and promote understanding, cooperation, and joint problem-solving between parties.

What are the benefits of mediation?

Unlike other forms of dispute resolution (i.e. filing a grievance, going to court, or involving an arbitrator) mediation provides the following:

• It is informal
• It is confidential
• It provides the individuals most impacted by the dispute significant input in arriving at a solution
• It promotes greater understanding between individuals in disputes, which provides a greater probability for "mending" relationships

Is mediation really confidential?

Yes, with the exception of the following circumstances; the Ombuds Office cannot guarantee confidentiality when:

• An Ombuds Office staff member witnesses a crime
• An Ombuds Office staff member is told by a user of the Office about the intent of an individual to harm him/her or another.

Note: When there is a legal subpoena requiring that the Ombuds Office testify or turn over records, the office will seek legal counsel to "quash" the subpoena and prevent testimony.

When does mediation have the best chance to succeed?

• The parties are concerned about the content of their dispute and preserving their relationship
• Both parties talk honestly—and respectfully to one another—about the dispute which led them to mediation
• Disputes have been present for a shorter—rather than a longer—period of time
• The parties believe a negotiated agreement would probably provide a better outcome than their next alternative
• Neither party insists that the other should be punished
• When hostilities are moderate or low
• It is voluntary for both parties

When is mediation NOT appropriate?

Usually, mediation is not appropriate when:

• There is physical violence (or imminent threat of physical danger)
• Abusive or harassing behavior is present and the person engaging in these behaviors refuses to stop
• Neither party cares about preserving the relationship
• There is no ongoing relationship between the parties (usually)
• One or both parties insist/s on punishment as the only appropriate resolution
• The parties want to resolve a "values" dispute by persuading the other to change his/her values on such issues as capital punishment, abortion, etceteras
• One or both parties lack the authority to make agreements
• One or more participants are intoxicated, on drugs or otherwise impaired
• Criminal law or the Student Code of Conduct has been violated (usually)

The Ombuds Office is an independent, neutral, confidential and informal resource. It does not accept formal complaints or notice for the University of Massachusetts Dartmouth. If a visitor wishes to make a record, or put the University "on notice," that is, to make the University of Massachusetts Dartmouth formally aware of a particular problem, we can provide information on how to do so.