The Office of The Ombudsman is constituted under The Ombudsman Ordinance (Cap. 397) ("the Ordinance"). The Ombudsman is an independent authority which provides a channel for investigation of public complaints against administrative actions to redress grievances, promote fairness and bring improvement in public administration. After the Ombudsman has conducted an investigation into a complaint, he can recommend appropriate redress for an injustice caused by maladministration.
2. Often, what is necessary is to get the injustice put right or the system corrected. Sometimes, a proper explanation and a sincere apology to acknowledge responsibility for the inadequate performance will suffice. There are times when a financial payment is the most appropriate and practical remedy to put right the complainant's loss.
Purpose
Mediation is a voluntary and confidential process. The investigator from this Office acts as a neutral facilitator who will not make decisions or offer opinions on the merits of the matter under dispute. This places the resolution of a dispute in the hands of the complainant and the organisation concerned.
The purposes of providing mediation service for the parties concerned are -
to give an option for the complainant and the organisation concerned to hear each side's story and to resolve their differences face to face instead of via letters and submissions which may give rise to misunderstanding or communication problems;
to provide speedy redress to the complainant within the legal and policy framework and resource capability of the organisation; and
to allow a greater range of solutions to be explored by all parties in dispute, so as to foster a "mutually beneficial" situation, i.e. both the complainant and the organisation concerned would not feel frustrated at the end of the process.
Mediation Process
Mediation often enables complaints to be dealt with more speedily and results in greater satisfaction among complainants and the organisations concerned. This is in line with The Ombudsman's principle in striving for a resolution to a problem rather than fault finding. This Office will identify suitable cases for mediation service with the following considerations -
Neither serious systemic flaw is involved nor public interest undermined.
Desire by the complainant and the organisation concerned to resolve the dispute speedily.
Complainant has sufficient and relevant information to facilitate him/her in deciding whether or not to mediate and if so, in reaching a settlement with the organisation concerned.
Capacity to negotiate a settlement.
Availability of options which could lead to a resolution.
It is unlikely that the mediation process would worsen the matter.
This Office will only proceed to mediate with the consent of the complainant and the organisation concerned. In the course of the mediation process -
Both sides are encouraged to discuss their disputes in an open manner for mutual gain. Best results will be obtained if all parties are committed to work towards an agreed settlement.
The confidentiality of the mediation process is agreed to by all parties prior to the mediation session so that they can communicate in an open manner.
Both parties can withdraw from, or The Ombudsman's mediator may call off the mediation at any time.
Remarks
The failure of a particular mediation session would not necessarily bring about nor preclude subsequent investigation by this Office of the complaint or any complaint points.
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If you have any questions about our mediation service, you can contact our Duty Officer during office hours at 2629 0555.
