Juxtaposing an Ombuds Process with Mediation

Is Ombudsing Like Mediation? (2005)

By Misa Kelly
Future Traditions Foundation

This in-depth paper takes on a persistent question from both the public and within the profession: Is ombudsing the same as mediation? Misa Kelly answers with a firm and well-evidenced: No—and it matters.

Drawing on firsthand experience as a campus ombuds and certified mediator, Kelly lays out a comprehensive, side-by-side comparison of both roles. She identifies distinctions in process design, institutional context, use of time, power dynamics, emotional frameworks, and scope of influence. Through detailed flow charts, tables, and process maps, Kelly shows that while ombudsing and mediation share a family resemblance within the ADR field, they are in fact distinct art forms, each with its own ethical orientation, functional tools, and practitioner roles.

The paper builds on empirical reflection, existing literature, and early field interviews—including comparative process models from Kenneth Cloke, Lois Price Spratlen, and Tim Griffin—and proposes a future research agenda for building out the still-underdeveloped field of ombuds process theory.

This work is essential reading for trainers, institutions, and ombuds at all stages of their development. It is also a key milestone in Kelly’s legacy: an early and enduring effort to define ombudsing on its own terms, separate from adjacent but distinct professions.

“In short, ombuds don’t mediate complaints—they ombud them. It is a disservice to both professions to treat them as interchangeable.”
— Misa Kelly

As I worked, and people I encountered out and about often would comment, "oh, ombudsing is like mediation". I had to self-reflect and take time to articulate the difference. This was accepted into the Harvard Law Negotiation Journal. I was devasted by the office closure, and decided to let go the edit to shorten it and move on, happily into another chapter of life. In the version below, to dampen the pain a bit, I did a bit of editing as I flowed forward with the other job at that time, growing a dance company to international status.

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