By Elizabeth “Liz” Hill, Director of Communications & Development at MWI
On February 9, 2026, the American Bar Association (ABA) House of Delegates unanimously adopted Resolution 503, urging states to adopt the Organizational Ombuds Practices Act.
For those of us who have worked in and alongside organizational ombuds programs, this represents an important milestone. Not because it creates a new model or new standards, but because it affirms standards that have guided practice for decades.
What the Organizational Ombuds Practices Act Does
The Act:
- Defines what an organizational ombuds is
- Affirms the confidentiality of communications when programs adhere to recognized standards of practice
- Clarifies independence and reporting structure
- Protects against compelled disclosure of ombuds communications in most circumstances
- Urges states to adopt consistent statutory provisions
Importantly, the Act does not create a new way of practicing. Organizational ombuds have long operated under standards of practice developed and maintained by the International Ombuds Association (IOA). The Act reflects and protects that established practice.
For organizations, the significance is straightforward: when ombuds programs adhere to recognized standards of independence, confidentiality, impartiality, and informality, the integrity of ombuds communications is protected.
Why This Matters for General Counsel and Organizational Leaders
Many general counsel, compliance, and human resources leaders already recognize the value of an independent, confidential resource for employees. What has often been less clear is how ombuds communications are treated in legal proceedings.
The Organizational Ombuds Practices Act provides a framework that states may adopt to offer consistent statutory recognition and protection.
It also reinforces an important point: confidentiality protections apply when programs adhere to established standards. Structure and design matter. Courts have generally considered whether a program adheres to recognized organizational ombuds standards when evaluating confidentiality protections.
For organizations that already have ombuds programs aligned with recognized standards, this development affirms their approach. For those considering establishing a program, it offers clarity about what an organizational ombuds program could look like.
What Happens Next
The ABA’s adoption of Resolution 503 urges states to enact the Organizational Ombuds Practices Act.
The next phase will unfold at the state level.
Organizational leaders and general counsel should review how their ombuds programs are structured and whether they align with recognized standards. As states begin to consider adoption, clarity around program design and adherence to standards will matter.
MWI works with organizations to design and support informal, confidential conflict resolution options, including organizational ombuds services, that help surface concerns earlier, identify patterns, and support sound decision-making.
To learn more about MWI’s organizational ombuds services or to explore whether this approach could be beneficial for your organization, please visit www.mwi.org/organizational-ombuds-services/.
