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Mediation Could Be an Option for Ohio Public Records Disputes

Monday, May, 16, 2016


The Ohio Senate is considering legislation that would speed up and lower the cost of disputes over public records. The proposal involved mediation that would provide a path to resolution that avoids a lawsuit if a public records request is delayed or denied. Not using attorneys to settle the disputes in the court system would save citizens and tax payers’ money and time.

 

Now, when the government refuses to release a public record, a legal action is filed through the Ohio Supreme Court. The requests are often dropped because those requesting cannot afford an attorney. Going to court can also take up to a year to resolve, all at the expense of the tax payer and the person requesting the record.

 

The bill would make it so when requests are delayed or denied, the requester can file a complaint in the clerk’s office for $25. The government would have seven days to respond, and the Court of Claims would attempt to mediate the problem, by phone, to resolve the dispute. If mediation fails, a “special master” could render an advisory opinion that would be considered by a judge and the judge would make a legally binding decision. Either party has the option of appeal, but appeals would be handled through an expedited process.

 

The proposed bill has a great deal of support and is considered likely to pass, saving tax payers money and helping citizens and others who request public records a great deal of frustration in the future when requests are delayed or denied.