The Right-To-Know Law (RTKL) authorizes the Office of Open Records (OOR) to establish an informal mediation program to resolve RTKL disputes (see 65 P.S. § 67.1310(a)(6)). This is a voluntary process to help parties reach a mutually agreeable settlement on records disputes before the OOR.
Mediation, a facilitated conversation between the parties, can serve as a fair and efficient tool to resolve conflict, and may save time and expense.
When an appeal is filed with the OOR, the requester can check the box that says, "I am interested in resolving this appeal through OOR mediation." If the requester indicates an interest in mediation, the OOR may contact the parties to see if mediation is agreeable.
To participate in mediation, both parties must agree, in writing by signing the OOR’s Mediation Agreement form, to enter the mediation process.
Once the signed Mediation Agreement is submitted, an OOR mediator will notify the parties via email whether or not the appeal will proceed to mediation. If an appeal is not approved for mediation, the appeal will continue through the traditional OOR appeal process.
Mediations are conducted by an OOR mediator. Most often, mediation sessions will take place via Microsoft Teams. In certain circumstances, when convenient to the parties and the OOR, a mediation session may take place in person.
Mediations are voluntary and either party or the OOR Mediator may terminate the mediation process at any time, at which point the traditional OOR appeal process will begin.
By entering mediation, the parties agree to participate in good faith. Failure to participate in good faith, inappropriate behavior, or failing to appear for a scheduled mediation session may result in the termination of the mediation and may affect a party’s ability to participate in future mediations before the OOR.
Mediation sessions are not open to the public and each party must have authority to settle the appeal. All discussions, negotiations and materials created specifically for the mediation process are confidential and mediation communications cannot be used as evidence at a later time. See 42 Pa.C.S. § 5949 (relating to the confidentiality of mediation communications and documents).
If mediation is successful -- in other words, the parties reach an agreement which resolves the issues underlying the appeal -- the requester will withdraw the appeal once he or she is satisfied with the agency's compliance with the terms agreed to during the mediation.
If the appeal is withdrawn after a successful mediation, the OOR will not issue a final determination addressing the merits of the appeal. Instead, the OOR will issue an acknowledgement that the appeal was withdrawn.
If mediation is not successful, the traditional OOR appeal process will begin. Both parties will be able to make submissions to the OOR, and the OOR will have 30 calendar days from the conclusion of the mediation process to issue a final determination unless an extension was granted by the requester.
If a requester abandons an appeal during the mediation process (i.e., failing to provide status updates as agreed to and/or failing to respond to repeated status inquiries from the OOR mediator), the appeal may be considered resolved and will be withdrawn.
The signed Mediation Agreement form, a requester’s withdrawal, if in writing, and the OOR’s withdrawal acknowledgement will be included in the OOR’s administrative appeal file and subject to public access.
