Recommendation 2014-1 – Resolving FOIA Disputes Through Targeted ADR Strategies addresses more effective use of alternative dispute resolution (ADR) approaches to help resolve disputes arising under the Freedom of Information Act (FOIA). The recommendation suggests ways that OGIS can maximize the effectiveness of its resources for this purpose. The recommendation also suggests steps agencies can take to prevent or resolve FOIA disputes, including cooperating with OGIS and making FOIA staff and requesters aware of OGIS services.
Citation: Admin. Conf. of the U.S., Recommendation 2014-1, Resolving FOIA Disputes Through Targeted ADR Strategies, 79 Fed. Reg. 35,988 (June 25, 2014).
The Freedom of Information Act (FOIA)[1] makes available to any person, upon request, any reasonably described agency record that is not exempt under nine specified categories. Congress has stated: “disclosure, not secrecy, is the dominant objective of the Act.”[2] FOIA provides a two-level agency process for decisions on requests for access to agency records: (1) an initial determination that is ordinarily made by the component...
Consistent with Recommendation 2014-1, the Office of Government Information Systems (OGIS) now offers assistance to FOIA requestors and agencies when it appears consultation may aid in resolving the request; issues advisory opinions related to identified systemic issues or patterns of FOIA disputes; and participates in dispute-resolution training of agency FOIA public liaisons.
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