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Archive for 'Alternative dispute resolution'

Upcoming Training Opportunity for FOIA Professionals

Are you a FOIA professional who is interested in learning more about how to resolve disputes that may arise in the FOIA process? If so, please join OGIS for Dispute Resolution Training for FOIA Professionals on Wednesday, May 1. This free all-day session (9:00 a.m. – 4 p.m.) will be held at the main Archives [...]

Announcing OGIS’s 2012 Report

We are pleased to share OGIS’s 2012 report, Office of Government Information Services: Building a Bridge Between FOIA Requesters & Federal Agencies. We hope that you will read about our accomplishments over the past year and our thoughts for the coming year. Please email us with your thoughts and feedback.

In Good Company

A few of us from OGIS recently attended a presentation by the Interagency Alternative Dispute Resolution Working Group, an organization for Federal employees who work in the area of alternative dispute resolution. The title of the presentation was “How an Ombuds Office Serving Employees, Customers, and Citizens Can Bring Greater Success to Your Agency.” The [...]

Timing is Everything: When Does OGIS Get Involved?

Experienced FOIA requesters can attest that FOIA requests follow a well-established process: a requester submits a request; the agency responds to that request; if the requester is dissatisfied with the response, he/she submits an administrative appeal; the agency responds to the appeal. Before OGIS opened in 2009, a requester who remained dissatisfied after the agency [...]

Thinking about process

When OGIS Director Miriam Nisbet opened the office in September 2009, three requests for OGIS assistance awaited her attention, yet she had no process in place for dealing with cases or any staff members to work on them. Since its inception, one of the great challenges OGIS has faced is figuring out how to do [...]

Difficult Conversations, Part 2: How do we get there from here?

In last week’s post we discussed the difference between positions and interests. In brief, positions are what an angry person presents during a confrontation; interests are the secret, unmet needs that anyone in a dispute may be reluctant to share. We also learned that the only way to move toward a resolution is to discuss [...]

Difficult Conversations, Part 1: Interests vs. Positions

As part of providing mediation services to resolve FOIA disputes, we OGIS staffers regularly have conversations that can be characterized as “difficult.” We listen to FOIA requesters who are furious about delays or denials. We also hear from agency FOIA professionals who are defensive about agency practices or frustrated by overly persistent requesters. Thanks to [...]

FOIA and ADR: Will You Be My Valentine?

My name is Jean Whyte, and I serve as Director of the National Archives and Records Administration’s Alternative Dispute Resolution (ADR) program.  I’ve been invited to write this guest post about the intersection of FOIA and ADR and why I believe these two are made for each other.  First, a little about our couple: Freedom [...]

How to Invite a FOIA Lawsuit

In the course of our work as the FOIA Ombudsman, we regularly hear from agencies and requesters about FOIA practices that work well. We also hear about practices that don’t work as well. Too often, such problems result in legal action by requesters. We have observed that the following agency practices can be “litigation invitations”: [...]

A New Game Plan: Teamwork Really Works!

Throughout 2011, OGIS observed a recurring concept: Federal agencies are succeeding through internal collaboration. This “team approach” to government operations promotes efficiency, reduces redundancy, and helps an agency successfully meet its statutory mandate. One area where teamwork is particularly important is records management; we’ve observed that many agencies are getting wise to this fact. President [...]