Mediating in cases of conflict - the canton's ombudswoman - Bernadette Zuercher

Only six cantons have an ombudsman at all, Zug being the only one in central Switzerland to have one, the office currently led by Bernadette Zürcher, a lawyer who specialised in insurance and liability matters and who previously worked in her own practice Zurich. The 53-year-old lives in the canton of St Gallen and was elected by the cantonal parliament to remain in this role until 2022.

That Zug has an ombudsperson at all goes back to a project dating back to 2011 when a pilot project looked at the area of mediation when it came to locals in conflict with the authorities, a subject much under discussion following the Zug Massacre of 2001 when a person who bore a grudge against the authorities shot dead 14 people in the cantonal parliament building before turning the gun on himself.

In an interview with journalist Christopher Gilb of the Zuger Zeitung, the mother of two explained that, while she is generally available to listen to people’s problems, she prefers if they make an appointment beforehand. “I have had people coming straight in here with their medical bills, asking me if they have to pay them right away,” she said.

When asked if she had had to deal with particularly angry individuals, she said most were normal citizens with particular issues. “I always begin by asking questions to find out the background of their concerns, many of them highly emotional, often relating to parental and children’s guardianship matters, and many of them relating to a previous decision they have found hard to accept.”

As to what typical cases she deals with, Zürcher cited matters relating to children changing school, with others coming in to see if they have to accept what is presented to them, the legal terminology used not easy for lay people to understand, especially in matters pertaining to social insurance which can be very complex, people wanting to know if they can receive supplementary benefit or not.

Very often it is problems in communication between the authorities and individuals which cause conflict. “I do my best to explain what it all means, preventing perhaps, the start of legal proceedings.” The ombudswoman went onto explain that should different people come to her repeatedly with problems about particular phraseology, she can easily get in touch with the appropriate department in administration, with whom she enjoys a good working relationship, to help sort it out. “It is a relief for them, too, to have someone in a neutral position give their views,” she said, adding how neutrality was important for both parties, of course. “This is one reason why my office (at number 14 Alpenstrasse) is not in the same location as other administrative offices.”

When asked what made the job of ombudswoman appeal to her, she said she had been fascinated by it since student days, preferring making out-of-court settlements rather than pursuing long-lasting court cases, as in her previous job.

“Is there not the risk of people coming to you as a lawyer?”

“I make it perfectly clear from the outset that my role is mediatory. If I hear lawyers are already involved, I decline to proceed.”

When it was put to her that too few people were aware of the free services an ombudsperson provided, she said there was certainly a need for them to be highlighted more and was prepared to offer appointments at times to suit working people.

As to her current workload, she said the number of cases dealt with this year was much the same as in 2018, i.e. with one new case coming up each week. “I notice this time before the summer holidays, too, with people wanting to have cases settled before they go away.”

And was the job more demanding than she thought?

“There are some cases which are more intricate than others,” she said, “though over all it is much as I expected.”

As to what made her satisfied with her work, she said it was much to do with the protection of basic rights. “It is when I have been able to help in some way and people thank me,” she concluded.