By Chuck Doran, MWI’s Executive Director, and Liz Hill, MWI’s Director of Communications and Development
Most lawyers and dispute resolution professionals encounter workplace conflict only after it has become formal. By the time a matter reaches human resources, compliance, outside counsel, arbitration, or litigation, positions have often hardened, and trust may already be strained. Yet most workplace conflict begins much earlier, when employees and managers are still trying to understand what is happening and decide whether to raise a concern at all. Organizational ombuds operate in this earlier stage of the conflict lifecycle. They provide a confidential and informal place where individuals can explore concerns, consider options, and often address issues before they escalate into formal disputes. Understanding where ombuds fit within the broader dispute-resolution landscape can help organizations design more effective conflict-management systems and reduce the number of issues that ultimately require formal intervention.
Conflicts’ Arrival
In many organizations, workplace conflict becomes visible only when it reaches a formal system. A complaint is filed. An investigation begins. Attorneys become involved. A dispute proceeds to arbitration or litigation. But conflict rarely begins there. Long before a concern becomes formal, employees and managers often experience early signs that something is wrong. A conversation feels strained. Expectations become unclear. A colleague withdraws from collaboration. Consider a common workplace scenario. A senior analyst notices that a colleague has repeatedly taken credit for work the analyst contributed to the project. The behavior is subtle enough that it could be interpreted as an oversight rather than an intentional misrepresentation, but the analyst is increasingly frustrated and unsure how to address it. Filing a formal complaint feels excessive, yet ignoring the situation is becoming more difficult. Before deciding what to do, the analyst reaches out to the organizational ombuds to talk through the situation. In that confidential conversation, the analyst can explore ways to raise the concern, consider how the conversation might unfold, and evaluate options for addressing the issue.
Situations like this rarely appear in formal dispute resolution systems, yet they are common and represent the earliest stage of many workplace conflicts, often preceding mediation, arbitration, or litigation. By the time an issue reaches a formal process, conflict has often evolved. Positions may have hardened, relationships may be strained, and the range of practical options may be narrower than it was earlier in the lifecycle.
Visible When Formalized
Organizations typically see conflict only once it enters formal systems such as human resources investigations, compliance reviews, arbitration, or litigation.
This structure serves important organizational purposes. Formal processes establish procedures for handling complaints, investigating allegations, and resolving disputes. They also help organizations meet legal obligations and maintain appropriate oversight. At the same time, these systems tend to activate only after a situation has been clearly defined as a dispute. Many workplace concerns begin in a far more ambiguous space. An employee may feel uneasy about a situation but may not yet know whether it rises to the level of a policy violation. A manager may notice tension within a team but hopes the issue will resolve on its own. Individuals may simply want to talk through a concern before deciding whether formal action is necessary. As a result, organizations often become aware of conflict only after it has progressed to a stage requiring formal intervention.
The ADR Continuum
Dispute resolution professionals often think about conflict along a familiar continuum. At one end are negotiation and mediation, where parties retain significant control over outcomes and work collaboratively to resolve disputes. At the other end are arbitration and litigation, where decision-making authority shifts to a neutral or to the courts. These mechanisms play an essential role in resolving disputes once they have taken shape. They provide structured forums for addressing disagreements, clarifying issues, and reaching binding or negotiated outcomes. These processes, however, generally come into play only after a dispute has already been defined. By the time parties enter mediation or arbitration, positions are typically established, and the conflict has become sufficiently concrete to warrant structured intervention. This leaves an earlier stage of conflict that often receives far less attention.
Conflict Before ADR
Many workplace conflicts begin long before a formal complaint, investigation, mediation, or legal claim ever occurs. At this stage, individuals are often still trying to understand what is happening and decide how to respond. Organizational ombuds operate within this earlier phase of the conflict lifecycle. Individuals often seek out the ombuds when they are still exploring available options and whether a concern should be addressed informally or through formal channels. Because conversations with the ombuds are confidential and off-the-record, individuals can talk through concerns they may not yet be ready to raise elsewhere. In some situations, the ombuds helps an individual prepare for a conversation with a colleague or manager. In others, the ombuds helps the individual understand available reporting options and the formal processes that might be involved if they choose to pursue them. In this way, the ombuds helps individuals make informed decisions about how and when to address a concern.
Ombuds Techniques
Although the ombuds role is informal, the work relies heavily on techniques familiar to many dispute resolution professionals. Ombuds frequently engage in conflict coaching, helping individuals clarify their goals, prepare for difficult conversations, and consider different approaches to addressing a concern. Communication coaching and reality testing often help individuals think through how a conversation might unfold and what outcomes they hope to achieve. Ombuds may also assist with issue spotting, helping individuals identify underlying concerns that may not be immediately apparent and navigate available resources. In some cases, they facilitate informal conversations or use shuttle diplomacy to help participants communicate when direct discussions feel difficult. Another important aspect of the role involves helping individuals gather relevant information to make informed decisions about next steps. Ombuds may help individuals review applicable policies, understand how formal processes work, and consider what participation in those processes might entail. In addition to working with individuals, ombuds often identify patterns or trends emerging across multiple concerns. By tracking and sharing aggregated, non-identifying information, ombuds can help organizational leaders see emerging issues and workplace dynamics through a broader lens.
Delivering Ombuds Services
Organizations structure ombuds programs in different ways depending on their size, needs, and resources. Some organizations maintain internal ombuds offices staffed by full-time professionals who serve employees, students, or other stakeholders. These offices are typically positioned to maintain independence from traditional management and reporting structures. Other organizations engage independent ombuds providers who deliver ombuds services externally. External models offer flexibility, greater independence, and access to experienced ombuds. Regardless of structure, effective organizational ombuds programs work to become embedded in their organizations and operate according to widely recognized standards that emphasize independence, impartiality, confidentiality, and informality, as defined by the International Ombuds Association’s Standards of Practice and Code of Ethics.
Why This Role Matters
Many organizations today are navigating increasing workplace complexity and heightened awareness of workplace issues. At the same time, employees may feel uncertain about how concerns will be received or what may happen once a formal reporting process begins. In this environment, individuals sometimes delay raising concerns until a situation becomes difficult to ignore. Ombuds programs help address this gap by providing a confidential place where concerns can be discussed and options explored early.
Addressing Concerns Earlier
Formal dispute resolution mechanisms remain essential. Investigations, mediation, arbitration, and litigation all play critical roles in addressing serious workplace disputes. These systems function most effectively when they operate as part of a broader conflict management framework. When organizations create avenues for concerns to surface earlier in the conflict lifecycle, they often reduce the number of issues that escalate into formal complaints or legal disputes. Concerns can be addressed while relationships remain intact and before positions become entrenched. Organizational ombuds play a unique role within that broader system. By helping individuals navigate concerns at an earlier stage, they complement the work of human resources, compliance, and legal, and help organizations address issues before they become formal disputes. See Chuck Doran, “How To Amplify The Effectiveness Of HR And Compliance With An Organizational Ombuds,” Forbes (July 17, 2025). In many organizations, the most important dispute resolution work happens long before a dispute is formally defined. Ombuds operate in that space, helping individuals address concerns before they harden into formal disputes.
This article was originally published in Alternatives Newsletter – International Institute for Conflict Prevention & Resolution. Inc in the July/August 2026 issue.
MWI partners with organizations to design and support organizational ombuds programs, providing a confidential and informal space for individuals to raise concerns, explore options, and address issues early. Ombuds services also help leadership better understand patterns and systemic issues while protecting individual confidentiality.
Learn more about MWI’s organizational ombuds services.
