Act on Administrative Mediation (LMA) - Form, Definition, and Purpose (MEDG)

1. As an independent ombuds office in administrative matters, a cantonal ombudsperson shall be appointed.

2. Mediation in administrative matters is a process in which a person qualified in mediation and independent, the cantonal ombudsperson, acts as a mediator between citizens and the administration to prevent disputes, find amicable solutions, and improve the administration's working methods.

3. Mediation in administrative matters aims to

a) settle disputes between the administration and citizens out of court, subject to Article 12, paragraph 5;

b) prevent conflicts between the administration and citizens or work towards an amicable resolution;

c) contribute to the improvement of the administration's working methods;

d) encourage the administration to maintain good relationships with the citizens.

1. The following shall be considered as administration within the meaning of this Act

a) the cantonal administration;

b) natural and legal persons as well as commissions that perform public law tasks on behalf of the Canton of Valais.

2. Contacts between citizens and the following do not fall within the scope of activities of the cantonal ombudsperson

a) the Grand Council;

b) the State Council;

c) the judicial authorities;

d) the law enforcement authorities;

e) the financial inspectorate;

f) the municipal authorities;

g) the recognized churches and religious communities.

3. The present legislation on mediation in administrative matters is not applicable to disputes concerning the employment relationship between state employees and the cantonal administration.

4. The ombuds office in administrative matters cannot act in areas for which a specific mediation procedure is provided by law.

1. The cantonal Ombudsperson is appointed by the Council of State for a renewable term of 4 years.

2. The Council of State may appoint one or more Ombudspersons, taking into account the official languages of the canton, or may engage an institution specialized in mediation.

1. The Office of the Ombudsperson is incompatible with

a) any public elected mandate;

b) any leadership role in a political party;

c) any leadership role in an umbrella, professional, or trade union organization;

d) any activity within the cantonal administration.

1. The mandate of the cantonal Ombudsperson may be revoked by the Council of State if the exercise of the mandate is no longer possible or another reason for dismissal exists that renders retention in office impossible.

2. In the event of a dismissal, the legislation concerning state personnel is applicable.

1. The cantonal ombudsperson is administratively affiliated with the state chancellery.

1. The cantonal Ombudsperson is independent in their duties and is solely bound by the law. They are not subject to directives from other authorities.

2. They determine the organization necessary to fulfill their responsibilities independently.

3. They have a global budget, the amount of which is determined annually as part of the approval of the state budget.

1. The Cantonal Ombudsperson has the following specific tasks

a) They inform individuals seeking advice about the procedures in administrative matters, after these individuals have taken the usual steps according to Article 12, Paragraph 1;

b) They intervene to prevent a conflict or to find an amicable solution;

c) They issue recommendations for the resolution of disputes after the conclusion of mediation.

2. The Cantonal Ombudsperson acknowledges receipt of requests as quickly as possible, but within a maximum of 30 days.

1. The cantonal Ombudsperson becomes active upon the request of the affected person or the administration responsible for the dossier.

2. The cantonal Ombudsperson does not accept requests from legal representatives acting on behalf of a third party.

3. Anonymous requests will not be processed.

4. Requests do not affect the deadlines for legal remedies.

5. The cantonal Ombudsperson cannot act on their own initiative.

1. The cantonal ombudsperson is subject to official secrecy.

2. The cantonal ombudsperson refuses to testify in any administrative, civil, or criminal proceedings about findings made in the performance of their duties. The dossier prepared by the cantonal ombudsperson may not be used in any court proceedings.

1. Article 10 of the Act on Administrative Procedure and Administrative Jurisdiction (VVRG) applies mutatis mutandis.

2. In the event of a recusal or a prolonged absence, an ad-hoc ombudsperson shall be appointed.

1. Before submitting the application and engaging in mediation through the cantonal ombudsperson, the person concerned must have taken the usual steps for an amicable resolution of the dispute with the administrative authority responsible for the dossier.

2. The application can be submitted in writing or orally. The identity of the applicant and the subject matter of the dispute must be specified.

3. The cantonal ombudsperson examines whether and how they wish to handle the matter and informs the applicant in writing.

4. If the application does not fall within the jurisdiction of the cantonal ombudsperson, they may refer the applicant to third parties.

5. The cantonal ombudsperson is not authorized to examine an application that is the subject of ongoing court proceedings or has already been decided with legal finality, unless the latter has been suspended for an amicable settlement before the ombudsperson.

1. If the cantonal Ombudsperson decides to examine the matter, they shall inform the parties and provide them with the opportunity to comment. Otherwise, they shall explain the reasons to the parties.

2. They shall undertake the necessary steps to determine the facts of the case and ascertain the grounds for the request.

3. In order to clarify the facts, the cantonal Ombudsperson shall have the right at any time to

a) discuss the matter with the affected person and, if necessary, invite third parties to the discussions;

b) inspect the documents submitted by the parties;

c) conduct an on-site inspection of an object or location;

d) exceptionally consult experts if the matter requires specific knowledge.

4. The mediation process may be terminated by the parties at any time. If the termination is initiated by the administration, it must provide a written justification.

1. Based on their examination, the Cantonal Ombudsperson shall

a) provide the necessary information to the affected person and inform the administration responsible for the dossier;

b) document any agreement reached between the parties in writing.

2. If the Cantonal Ombudsperson concludes that no agreement is possible, they shall terminate the mediation process and notify the parties in writing.

3. The Cantonal Ombudsperson is not authorized to issue instructions to the administration, enact orders, or suspend proceedings.

1. Upon the conclusion of the mediation process, the cantonal ombudsperson may issue a recommendation addressed to the administration responsible for the dossier.

2. The administration responsible for the dossier determines the measures indicated based on the recommendation.

1. The mediation process is generally free of charge.

1. No legal remedies can be invoked against the actions of the cantonal ombudsperson.

2. A fee may be charged to the affected person if the request has been submitted frivolously, abusively, or recklessly.