Introduction

A person who has made a request under Ontario's Freedom of Information and Protection of Privacy Act or Municipal Freedom of Information and Protection of Privacy Act (the Acts) may appeal any decision of the institution concerning the request to the Information and Privacy Commissioner/Ontario (IPC). For more information about the appeal process please refer to The Appeal Process and Ontario's Information and Privacy Commissioner and the IPC's Code of Procedure.

The IPC is committed to mediation as the preferred method of dispute resolution. Our goal is to increase the proportion of files settled informally, thereby reducing the number which require the more formal, adversarial, and labour-intensive adjudicative process.

What is Mediation at the IPC?

Mediation is the process by which the IPC investigates the circumstances of an appeal and attempts to effect either the full settlement between the parties of all issues in the appeal or the simplification of a file through any or all of the following:

• Settlement of some issues.
• Reducing the number of records in dispute.
• Clarification of issues.
• Education of parties, leading to a better understanding of the issues.

Within the Mediation stage of the appeal process, files are processed differently according to the type of appeal:

• Regular Mediation (the vast majority).
• Straightforward Appeals.
• Reasonable Search Appeals.

What are the Advantages to Our Approaches to Mediation?

Our system offers a variety of mediation methods tailored to suit the particular needs of an individual appeal.

The main advantages are:

• A larger proportion of appeals are mediated, resulting in win-win settlements that are not available through the Adjudication stage of the appeal process.
• A recognition that all files are not the same and that a variety of approaches provide better client service.
• Allowing more time and resources to encourage the mediation of complex cases.
• Overall, it is quicker than more formal methods of dispute resolution and generally less costly.