By, Ellen Miller
Executive Director - IOA

As we shared in our previous post, Using AI to Help Explain the Role, AI can be a wonderful resource for ombuds when used appropriately for our work. In this series, I asked an AI tool to help us frame some talking points and was surprised at the precision of its response. When engaging with AI, you need to ask specific queries, specific follow up queries and also correct any information that is wrong with the responses so the platform learns. This response has been reviewed for accuracy and also slightly edited, but the majority of language is AI generated.  

Here is my initial prompt, How do we educate general counsel or HR directors who feel the role is duplicative or they do not like that it is confidential?  

Resistance from General Counsel or HR leaders usually stems from three core concerns:

1. Loss of control over information
2. Perceived legal risk from confidentiality
3. Belief that the function duplicates HR, Compliance, or Legal

The key is not to “convince” them the Ombuds is different. It’s to reposition the Ombuds as a risk intelligence and early-resolution asset that strengthens - rather than competes with - their function. Below are practical engagement strategies you can use.

1) Start With Their Risk Lens, Not Ombuds Philosophy

General Counsel and HR leaders think in terms of:

• Legal exposure
• Notice
• Discoverability
• Documentation
• Regulatory risk
• Pattern detection
• Reputational harm

Frame the Ombuds in that language. Instead of: “The Ombuds is confidential and independent.”  Try: “The Ombuds provides an early-warning risk channel that often resolves issues before they become formal complaints, investigations, or litigation.”

Confidentiality isn’t secrecy. It’s a risk-mitigation design feature.

2) Clarify the “No Notice” Principle Carefully

Under standards of the International Ombuds Association:

• The Ombuds does not accept notice for the organization.
• The Ombuds does not create discoverable records.
• The Ombuds does not investigate.

For counsel, the critical explanation is: The Ombuds is not a decision-maker and not part of management. Therefore, conversations do not constitute organizational knowledge. This is not hiding risk - it is preserving a voluntary, informal space that often channels employees toward formal processes when appropriate.

3) Address the “Duplicative” Concern Directly

Here is a clean differentiation model that shows how the Ombuds fill the gap before issues escalate into HR or Legal matters.

Without that informal channel, issues either:

• Fester silently, or
• Enter the system only when they are already high risk.

That’s not duplication - it’s upstream containment.

4) Reframe Confidentiality as a Risk Filter

Confidentiality serves four protective functions:

1. Encourages early reporting
2. Reduces anonymous hotline use
3. Surfaces systemic risks sooner
4. Prevents premature formalization of minor disputes

Many GC offices actually prefer having:

• A pressure-release valve
• A pattern detection mechanism
• A culture sensor

The Ombuds can provide anonymized trend reporting such as:

• Increased reports of supervisory breakdown in X division
• Confusion about policy Y 
• Fear of retaliation in Z region

No names. No case files. Just systemic insight.

5) Involve Them Early in Structural Design

Exclusion breeds resistance. Invite GC and HR to:

• Review governance language
• Align on confidentiality exceptions (e.g., imminent risk of serious harm)
• Help define boundaries between Ombuds and formal reporting channels
• Clarify referral pathways

When they co-design guardrails, they may be less likely to see the role as adversarial.

6) Emphasize What the Ombuds Does NOT Do

Explicitly reassure:

• Does not investigate
• Does not override HR decisions
• Does not advocate for employees against management
• Does not provide legal advice
• Does not keep formal case records
• Does not shield misconduct from required reporting

When ambiguity exists, fear fills the space.

7) Use Data From Other Organizations

In many mature organizations:

• Ombuds reduce formal grievances
• Lower litigation rates
• Increase internal resolution
• Improve employee trust metrics

The role successfully exists around the world in:

• Large corporations
• Universities
• Healthcare systems
• Government agencies
• NGOs 

It is not experimental or anti-management. 

8) Understand the Emotional Layer

Sometimes resistance isn’t legal — it’s psychological.  Confidential roles can feel threatening because:

• They operate outside management control
• They cannot be compelled to disclose
• They are trusted by employees

That can feel like a loss of authority. The antidote is consistent messaging: The Ombuds protects the organization by protecting fairness and trust.

9) Practical Education Strategy

Rather than a single presentation, consider:

• A small roundtable with GC and HR
• A written FAQ addressing legal concerns
• A governance walkthrough
• Clarification of escalation pathways
• Agreement on what constitutes mandatory reporting

Keep the tone collaborative, not defensive.

10) A Framing Statement That Often Works

“The Ombuds is not here to replace HR or Legal. It is here to catch what neither function is designed to catch - the early, informal, unarticulated concerns that predict larger risk.”

That shifts the narrative from duplication to complementary.

Stay tuned for the next and final installment in this series and feel free to reach out with any questions.