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Section 16 Manual
5.21 Settlements
As part of the initial assessment, the Investigator should consider whether there is a possibility of settling the case, pursuant to section 34(7). Settling cases without binding decisions has a number of advantages. From a requester's point of view, it can result in a speedier resolution of the matter and earlier access to the records sought. From the point of view of the public body, settlement can avoid the need for any further time consuming written submissions. Investigators should make it clear that settlement is not an exercise designed to reduce the rights of requesters in any way. Rather, it is a process which is aimed at narrowing the differences between the sides. In some cases, a point is reached at which an applicant is happy to accept the decision of the public body as modified in the course of the settlement procedure. In other cases, differences remain which can only be resolved by way of a binding decision of the Commissioner. Even if a binding decision is required, the settlement process can help to ensure that the decision concentrates only on the essentials of the dispute between the parties.
5.22 In any case where the Investigator considers that there is a possibility of settling the case or narrowing the differences between the parties, s/he should contact each party, indicating the possible basis of the settlement. In considering possible settlement, regard should be had not alone to granting access to the records at issue but to the possibilities that a different form of access might be acceptable to the parties or that a deferral of access for a specified period might be acceptable. It should be noted that the possibility of settlement should be considered in section 29 cases, section 17 cases and section 18 cases, as well as in straightforward access cases.
