Does using OGIS mediation pause or replace my right to file a FOIA appeal?

Short answer

No. Using the Office of Government Information Services (OGIS) does not erase, replace, or automatically forfeit your right to file a FOIA administrative appeal. OGIS mediation and the appeal process are two separate avenues, and you may use one, the other, or both.

What OGIS does

OGIS, housed within the National Archives, serves as the federal FOIA Ombudsman. It offers dispute resolution services — informal mediation between requesters and agencies — to help resolve disagreements without litigation. OGIS is a neutral party; it does not make legal rulings or order an agency to release records.

How appeals differ

A FOIA administrative appeal is a formal request, made to the agency, asking it to reconsider a decision (such as a denial, a withholding, or a “no records” response). Appeals are decided by the agency itself and create a record that is generally a prerequisite before you can take a matter to court.

Because these serve different functions, they are not interchangeable:

• Mediation seeks a practical, mutually agreeable outcome.
• An appeal seeks a formal agency reconsideration and preserves your path to judicial review.

The timing point that matters most

The key caution is about deadlines. Reaching out to OGIS does not automatically stop or extend the clock for filing an administrative appeal. If your agency’s response sets an appeal deadline, that deadline can continue to run even while you talk with OGIS.

To protect your rights, the safest practice is:

• Note any appeal deadline stated in the agency’s response letter.
• File your administrative appeal within that window if you intend to appeal.
• Engage OGIS in parallel, rather than waiting for mediation to conclude first.

You can pursue OGIS mediation before, during, or after an appeal — engaging OGIS is not a substitute for meeting an appeal deadline.

A note on scope

These principles apply to the federal FOIA. State public-records laws vary widely: some have their own ombudsman or mediation bodies and very different appeal procedures and deadlines. Always check the specific law that governs your request.

For broader context, see FOIA and public records.