[CCWG-ACCT] Notes, recordings, transcript for WS2 Ombudsman Subgroup Meeting #4_29 August

MSSI Secretariat mssi-secretariat at icann.org
Mon Aug 29 08:39:30 UTC 2016


Hello all,

The notes, recordings and transcripts for CCWG Accountability WS2 Ombudsman Subgroup Meeting #4 – 29 August 2016 will be available here:  https://community.icann.org/x/qhGsAw

A copy of the notes may be found below.

Thank you.

With kind regards,
Brenda Brewer
MSSI Projects & Operations Assistant
ICANN - Internet Corporation for Assigned Names and Numbers
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.


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