Skills for Effective Investigations

Toronto, January 22-24 2012

Marriott Courtyard Downtown Toronto

Sunday, January 22

2:30 pm Welcome and Introduction of Speakers and Participants

2:45 – 3.15Who’s Here? Unity & Diversity

Joëlle Thibault, Conflict Resolution Specialist

3.15 –4.00What is this business called ombudsmanship?

Greg Levine, Author, Barrister and Solicitor, Law Office of GJ Levine, and Integrity Commissioner for the City of Kitchener, the City of Waterloo and the Township of West Lincoln

4.00 – 4.15Break

4.15 – 5.30Panel:Nora Farrell, Ombudsperson, Ryerson University; Jaime Carlson, Assistant Ombudsman, Ombudsman Saskatchewan; Ian Darling, Ombudsperson, Tarion Warranty Corporation; Ellen Fry, Alternate Dispute Resolution Specialist, former member of the Canadian International Trade Tribunal;Joelle Thibault, Conflict Resolution Specialist

This session explores the evolution of the ombudsman, highlighting the various models that have emerged as the concept has been adopted and adapted from its governmental roots into the academic, corporate and other sectors. Panelists will discuss the investigation process from the perspective of their mandates and operations, and the fundamental principles – fairness, confidentiality, independence and impartiality – we all share. Participants will be invited to join the discussion and consider how particular characteristics influence the investigation process.

5:45 – 7:30Welcome reception

Monday, January 23

7:30 – 8:30Breakfast

8:30Housekeeping and notes for the day

Parking lot questions and answers

Marie Berryman, Assistant Ombudsperson, Concordia University

8:45 – 10:00What is an investigation? And when is an investigation appropriate?

Joelle Thibault, Conflict Resolution Specialist

In this session, we’ll look at what we mean by ‘investigation’ and discuss the types of investigations – individual, group, systemic - ombudsman conduct.

Is an investigation always appropriate? What about resources and priorities? We’ll talk about factors to consider in deciding whether to investigate and about alternatives that may often produce a good resolution.

10:00-10:15Break

10:15 - 12:00The main stages of an effective investigation

Janet Mirwaldt, Deputy Ombudsmanand Jaime Carlson, Assistant Ombudsman, Ombudsman Saskatchewan

An overview of the six stages of an effective investigation; identifying the issues, building the investigation plan, gathering the facts, reviewing the information, analyzing the findings and coming to conclusions, reporting and closing the case.

12:00 – 1:00Lunch

1:00 – 4:30Conducting an investigation; a step by step guide - and how to avoid pitfalls

Janet Mirwaldt, Deputy Ombudsman,and Jaime Carlson, Assistant O mbudsman,Ombudsman Saskatchewan

Panel:Douglas Melville, Ombudsman and CEO, Ombudsman for Banking Services and Investments; Annmarie Brown, Ombudsman Representative,Office of the Nova Scotia Ombudsman and others TBA

This session will focus on managing your investigation –and the parties’ expectations, determing what you need, deciding your methodology, core interview skills, keeping records, dealing with difficult complainant and respondent behaviour and picking up the pieces when things go wrong.

6:30 Join a group for dinner. Separate bills.

Tuesday, January 24

7:30 – 8:30Breakfast

8:30 – 8.40Housekeeping

Parking lot questions and answers

Marie Berryman, Assistant Ombudsperson, Concordia University

8.40 -10:00So you’ve collected all this information – how do you assess the investigation results?

Kwame Addo, Director, Investigations& Conflict Resolution, Office of the Ombudsman, City of Toronto

Testing your central investigative question – have you got it right? Assessing your findings, weighing the evidence, determining if you have enough data – or too much. Coming to conclusions and deciding what supports them. Is there a systemic issue? Thinking about recommendations and deciding who should receive them.

10:00-10:15Break

10:30 – 12:00The elements of reports and closing letters - part 1.

Ellen Fry, Alternate Dispute Resolution Specialist, former member of the Canadian International Trade Tribunal

This session helps you think about the important things in structuring your report or closing letter. What format should you follow? Who are you writing for – the parties, the public, the press? What to include – and what to leave out, tone, style and presentation, executive summaries and more.

12:00 – 1:00 Lunch

1:00 – 2.30The elements of reports and closing letters - part 2

2.30 – 2.45Break

2.45 – 4.00What happens after the investigation?

You’ve finished the investigation and issued your report or closing letter. Do you have a happy complainant and an appreciative respondent or a dissatisfied complainant and unmovable respondent? What’s next? Dealing with comments from the parties – do you need to rethink? Following up and monitoring the implementation of recommendations. Is there a time to let go? And finally, the steps to close the file.

Panel:François Boileau, Commissioner, French Language Service Commission of Ontario; Ian Darling, Ombudsman, Tarion Warranty Corporation; Garvin De Four, Assistant Ombudsperson, University of Toronto; Frank Fowlie, CEO, InternetOmbudsman.biz

4:00 – 5:00Closing Remarks and Certificate presentation

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