To the editors:
Your editorial on the newly appointed ombudsman (“Ombuds and Upwards,” Oct. 24) regrettably uses interchangeably the terms “ombudsperson,” “mediator,” and “arbitrator.” While there are some differences between the first two terms—a mediator, unlike an ombudsman, normally does not investigate, he primarily facilitates communication between the parties—there is a critical difference between these two and an arbitrator. An arbitrator is a private judge who renders a binding decision, which would be inappropriate for an ombudsman, as your editorial appears to recognize.
Frank E.A. Sander
Oct. 25, 2002
The writer is Bussey professor of law and an associate dean at Harvard Law School. He is a representative on the Ombuds Council.
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Understanding the Price of a Free Pulpit
