The Case Notes 2019 was tabled in Parliament by the President of the House of Representatives, the Hon. Anglu Farrugia.
The Case Notes is a bi-lingual annual publication of summaries of selected cases investigated by the Parliamentary Ombudsman and the Commissioners. The publication provides an insight into the wide variety of complaints that are filed with the Ombudsman by aggrieved individuals in order to seek redress. It also sheds light on the different investigative approaches adopted and to what lengths, the Ombudsman and Commissioners go to, to convince the public authorities to adopt their recommendations to redress identified injustices.
The 39th edition of the Case Notes includes some examples of complaints that have been resolved through a process of mediation. In the course of investigations it often becomes apparent that the complaint can be resolved through an exercise of mediation bringing together the complainant and the public authority that has given rise to the grievance.
Mediation requires patience and perseverance. The success or failure of a mediation process depends on the attitude of the parties concerned and their willingness to negotiate and compromise. The public administrator and the complainant need to recognise that mediation requires a give and take approach. The public administrator must show a readiness to avoid a rigid position where he is allowed a measure of flexibility in the exercise of his administrative discretion. On the other hand, the complainant must be prepared to make concessions and accept a just and equitable solution that affords him realistic and substantial redress.
Source: Parliamentary Ombudsman - Malta