1. Ombuds as Nomads? The Intersections of DSD and Identity Timothy Hedeen, Ph.D. November 13 th, 2015

2. 2 Ombudsman: three key points … from the Swedish for representative (1809) … three distinct types 1.classical 2.advocate 3.organizational … three core principles 1.independence 2.impartiality 3.confidentiality

3. 3 Ombudsman: three key points … from the Swedish for representative (1809) … three distinct types 1.classical/traditional 2.advocate 3.organizational … three core principles 1.independence 2.impartiality 3.confidentiality

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5. 5 Social identity theory (Tajfel & Turner) … the internalization of in- and out-group memberships

6. 6 Moral exclusion (Opotow) Othering Microaggressions Microinequities Scope of justice

7. 7 Oscillating space (Ratner & Woolford)

8. 8 Read all about OOs!

9. Smith & Martinez, 2009, “An Analytic Framework for Dispute Systems Design,” 14 Harv Neg LR 123 9 Analytic framework for DSD

10. 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

11. How I Typically Teach DSD  When—ADR, at the end of the semester  What—just basic introduction  How—group exercises

12. 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?

13. 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?

14. 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?

15. What I Did Last Year  Applied to Ferguson  Same call—what process would you establish?  From the perspective of…  Brown family  Police  Ferguson property owners  Ferguson residents

16. How DSD Taught Community Conflict “safely”?  Future oriented  Not assigning blame  Assuming facts without arguing  Forced to take roles from all sides of the situation

17. DSD Principles Under Consideration  Multiple process options w/ looping  Stakeholder involvement in design  Voluntary participation  Impartial neutrals  Transparency  Accountability  Education on use/process

18. How Community Conflict Teaches DSD?  Learn what civilian review board (or similar) does  See implications of structural decision  who investigates the complaint  who is on review board  how they are selected  length of term  level of reporting to public  what review there is of a decision  Assess how to improve

19. How Community Conflict Teaches DSD?  Apply DSD principles to hot topic  Can see relevance immediately  Opens eyes to job and volunteer prospects

20. 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 andrea.schneider@marquette.edu