Mediation Service
Mediation
Mediation is an informal process that enables the parties in a dispute to come together and, with the help of the mediator, reach a settlement. Many re-users of public sector information are reluctant to lodge a formal complaint against a public sector information holder because they feel that it could affect the future business relationship. Mediation provides a low cost and speedy alternative to going down the formal complaints path or going through the courts.
The Mediators
OPSI has a number of Centre for Effective Dispute Resolution (CEDR) accredited mediators who can assist disputing parties to resolve disputes through mediation.
We have achieved some real success in our mediations, but even where settlement is not possible the process assists parties to narrow and clarify the issues that are at the heart of a dispute. Our independence guarantees you the impartiality that is essential in any mediation process.
The mediator’s job is not to make decisions or to impose decisions, but rather to help the parties explore the issues and develop solutions. OPSI will ensure the process is confidential and unbiased.
Following unresolved mediation, if parties wish to bring a formal complaint this will be investigated by an independent team within OPSI, which has not been involved in the mediation. This ensures further independence, impartiality and confidentiality in the dispute resolution process. See the reports page for examples.
The Process
If both sides agree to mediation, the mediator will meet each party separately in the first instance to explore the issues. The next stage is usually to facilitate a meeting involving both parties to the dispute. There is no fixed agenda in mediations: both parties will agree the scope and the issues to be covered. There are also no fixed results in mediation: both parties must agree on a solution. The discussions are without prejudice and the parties can continue with proceedings if mediation fails.
Scope
OPSI can provide mediation services in the following areas:
- The re-use of public sector information. Issues could include potentially restrictive or unfair licensing clauses;
- Information Fair Trader Scheme (IFTS);
- Crown copyright disputes relating to rights or licensing issues.
Charges
There is no charge for using the OPSI mediation service.
Contact details
If you would like to talk through options or explore whether the service may suit your needs then please contact: kirsty.mcLaughlin@opsi.x.gsi.gov.uk or john.williams@opsi.x.gsi.gov.uk
Mediation Examples
These are examples of some of the issues we have dealt with.
- We mediated between a government department (IFTS member) and an organisation in relation to the terms of a collective licensing agreement. The issues examined included transparency and fairness of terms, the mechanism of bulk discounts and an alleged breach of copyright. Mediation took place over a period of a year.
- One government agency (IFTS member) was concerned that a particular piece of legislation meant that information it was providing to a customer under licence would have to be provided free of charge by that customer to certain groups on request. There was a fear that these groups would be able to re-use it in any way they wished without obtaining a licence or making payment to the agency. We mediated between the agency and the customer and established that although the piece of legislation required access and permitted basic copying of the information, it did not amount to a right to re-use the information in any way without a licence.
- We mediated between two IFTS members to determine what should happen to the IPR when a non-Crown body commissioned a Crown body to produce work.
- We provided assistance to a government department (IFTS member) that was experiencing difficulties in getting one of its licensees to take appropriate action to resolve a breach of its licence conditions. This involved us sending letters to the licensee about the issues raised by the department. The outcome of our intervention was that the licensee accepted that they had not fully complied with the licence terms. The licence was terminated and a new licence issued by the department.
