Page History
Sub-group Members: Asha Hemrajani, Avri Doria, Chris LaHatte, Herb Waye, Sebastien Bachollet
Staff: Bernie Turcotte, Brenda Brewer, Laena Rahim
Apologies:
**Please let Brenda know if your name has been left off the list (attendees or apologies).**
Transcript
Recording
The Adobe Connect recording is available here: https://icann.adobeconnect.com/p78lfb9uc6r/
The audio recording is available here:
Agenda
• Call Admin and Roll Call / Apologies (2 min Staff)
• Welcome – Opening Remarks – Meeting schedule (3 min SBT)
• Discuss / document (50 min)
– Background for Ombuds Office in Work Stream 2
– Dependencies between the sub-groups
– Stress Tests
– Current role of the ICANN Ombuds Office
– Evaluation
– Various types of Ombudsman roles
– Challenges
– Recommendation
– Additional role for the Ombuds Office?
– Interaction
Communication & Relationship
– Trust
– Advice
– Conclusion
• Next Meeting (5 min)
• AOB (5 min)
Notes
Call Admin and Roll Call / Apologies
- Sebastein Bachollet: Welcome to meeting # 4. 5 participants.
• Welcome – Opening Remarks – Meeting schedule
• Discuss / document (Sebastien Bachollet - presentation of slides as per below headers)
– Background for Ombuds Office in WS2 - 1
– Dependencies between the sub-groups - 2
- Asha Hemrajani: when do we expect reports from the liaisons? SB: nothing so far.
- Avri Doria: As one of those liaisons is more AS REQUIRED in a bidirecttional mode vs scheduled based.
- Asha Hemrajani: was looking more for a checkpoint to ensure we are prepared for major events such as Hyderabad.
- Avri Doria: could even include a liaison slot in each meeting just to check if there is anything.
- Sebastien Bachollet: ACTION ITEM - check dependencies at each meeting of this group.
– Stress Tests - 3
– Current role of the ICANN Ombuds Office - 4
- Herb Waye: Could not find a reference to the Ombuds in the posted PTI Bylaws. May not be required - it should automatically come to the ICANN Ombuds.
- Sebastien Bachollet: Would it really work like this? I will add the HW comment in the Google doc.
– Evaluation - 5
- Sebastien Bachollet: Introduction to the table for this.
- Avri Doria: A question: while the recommendations of the ombuds are not decisions, are the facts of the case provided by the ombudsman given any sort of status.
- Chris LaHatte: I don't believe they have any more than a recommendation.
- Sebastien Bachollet: this part 5 of the document will require a dedicated call.
– Various types of Ombudsman roles - 6
– Challenges - 7
– Recommendation - 8
– Additional role for the Ombuds Office? -9
- Herb Waye: Have rarely seen the role expand like this. There are some cases where the Ombuds can be a Champion for various activities such as Diversity or Ethics or Human Rights.
- Asha Hemrajani: How do we see the Ombuds being the mediator of disputes in the organization. Re Champions - need to think more about this - unclear how we could formalize this but would be ok with Champions as an informal role.
- Chris LaHatte: The role of the Ombuds is not formally defined or very broad and as such it is probably more important to have everyone understand that the Ombuds is there to mediate all sorts of disputes.
- Asha Hemrajani: In Singapore I am a court appointed mediator - settlements are confidential but are binding. As such if an Ombuds would act as this type of mediator what would be the nature fo the recommendation.
- Chris LaHatte: if the Ombuds does mediate to an agreement, that agreement is not a recommendation, but a contract between the parties.
- Chris LaHatte: that is an interesting issue of jurisdiction
- Asha Hemrajani: In the court sanctioned mediation, that is a very easy question to answer...
- Asha Hemrajani: ok so we have one question to our jurisdiction liaison
- Chris LaHatte: not at all easy except that a contract can usually be enforced, but in what jurisdiction?
- Herb Waye: Asha do you see us having a role in something like the Cooperative Engagement Process as mediator for instance?
- Avri Doria: i.e. do those who are being mediate between asked to sign a contract?
- Chris LaHatte: Avri, yes
- Asha Hemrajani: In a court mediation yes Avri. but in the mediations I am involved in, contract signing is done at end of mediation, at the setllement time, not at the beginning of the mediation
– Interaction - 10
– Communication & Relationship - 11
– Trust - 12
– Advice - 13
– Conclusion -14
• Next Meeting
- Tuesday September 6th 1300UTC.
• AOB
- Sebatien Bachollet: I will give a report on our work to the full CCWG group. Adjourned.
Action Items
- Sebastien Bachollet: ACTION ITEM - check dependencies at each meeting of this group.
Documents Presented
Chat Transcript
Brenda Brewer:Good day all and welcome to the WS2 Ombudsman Subgroup Meeting #4 on 29 August 2016 @ 05:00 UTC!
Herb Waye:Hey Brenda... fancy meeting you here :-)
Bernard Turcotte Staff Support:hi all
Avri Doria:happy monday
Chris LaHatte:good evening all
Asha Hemrajani:Hello all
Asha Hemrajani:Could we zoom in
Asha Hemrajani:I have a different question
Asha Hemrajani:I have a followup question, after Avri is done
Avri Doria:could even include a liaison slot in each meeting just to check if there is anything.
Asha Hemrajani:subsidiary is correct
Avri Doria:what PTI? i thought it was an affiliate, properly speaking. same thing but different. but maybe i missed the question.
Avri Doria:a question: while the recommendations of the ombuds are not decsions, are the facts of the case provided by the ombudsman given any sort of status.
Chris LaHatte:I don't believe they have any more than a recommendation
Asha Hemrajani:yes that is my understanding too
Asha Hemrajani:a lot of echo on the line
Sebastien (ALAC):Please mut your mic
Sebastien (ALAC):Thanks
Avri Doria:thanks Heb, yes
Avri Doria:Herb
Chris LaHatte:yes
Asha Hemrajani:line is silent, is there anyone there?
Herb Waye:sebastien you are muted
Chris LaHatte:+1 Herb
Asha Hemrajani:Chris, could you please speak up
Bernard Turcotte Staff Support:very faint
Chris LaHatte:if the Ombuds does mediate to an agreement, that agreement is not a recommendation, but a contract between the parties
Asha Hemrajani:yes Chris...that is what I was trying to get to
Avri Doria:what makes that binding nature formal?
Asha Hemrajani:yes Avri, that is my question here - how would this agreement that the ICANN ombuds helped to mediate - how would that be binding
Chris LaHatte:that is an interesting issue of jurisdiction
Asha Hemrajani:In the court sanctioned mediation, that is a very easy question to answer...
Asha Hemrajani:ok so we have one question to our jurisdiction liaison
Chris LaHatte:not at all easy except that a contract can usually be enforced, but in what jurisdiction?
Herb Waye:Asha do you see us having a role in something like the Cooperative Engagement Process as mediator for instance?
Avri Doria:i.e. do those who are being mediate between asked to sign a contract?
Chris LaHatte:Avri, yes
Asha Hemrajani:In a court mediation yes Avri
Asha Hemrajani:but in the mediations I am involved in, contract signing is done at end of mediation, at the setllement time, not at the beginning of the mediation
Chris LaHatte:as a mediator that is all we can ever do
Chris LaHatte:we can't solve all of the problems sadly
Asha Hemrajani:my settlement rate has been >90% so far :-)
Chris LaHatte::-)
Herb Waye:Good job Sebastien
Chris LaHatte:good questions, thanks to all
Bernard Turcotte Staff Support:sorry Sebastien hav ing issues
Bernard Turcotte Staff Support:bye all
Avri Doria:bye, and enjoy you vacation
Herb Waye:thanks and bye all
Asha Hemrajani:Thank you all and bye