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Guides and playbooks

Dispute resolution process

Use the Dispute Resolution Process to mediate disagreements in any of the following categories:

  • Data Provider objects to the data exchange
  • Disagreement on the method for de-identification
  • Disagreement on costs

The goal of the dispute resolution process is to resolve issues at the lowest level possible and to create a different process when one of the parties to the BUCP is not under the authority of the Governor.

Steps in the dispute resolution process

  1. Check Authority: Are both the Data Provider and Data Recipient under the Governor's authority?
    1. Yes: Go to step 2.
    2. No: Go to step 3.
  2. Initial Mediation: If both are under the Governor's authority, try to resolve the issue yourselves. If you have Agency Chief Data Officers, consult them. Otherwise, consult your Agency Information Officer to help mediate the dispute.
    1. If dispute is resolved: finalize the BUCP and submit it using the BUCP Inventory Form.
    2. No resolution: Go to step 3.
  3. Written Statements: Both the Data Provider and Data Recipient must write down their perspectives, including comments and recommendations. Submit these to the Chief Data Officer via the Dispute Mediation Request Form.
  4. Chief Data Officer Mediation: The Chief Data Officer will hold joint meetings to mediate.
    1. If the dispute is resolved: finalize the BUCP and submit it using the BUCP Inventory Form (external link to AirTable).
    2. No resolution: Go to step 5.
  5. Final Decision:
    1. Both under the Governor's Authority: The Chief Data Officer will send a recommendation to the Governor's office for a final decision.
    2. One or more NOT under the Governor's Authority: The BUCP is not approved.

See the flowchart below as well.

Last updated: June 24, 2021. Are all entities under the authority of the Governor? If no, both the Data Provider and Data Recipient must develop written comments and recommendations that represent their perspective. Submit materials to Chief Data Officer via the Dispute Mediation Request Form. Conduct mediation meeting(s). If the dispute is resolved, finalize and file the BUCP. If not, the BUCP is not approved. If both entities are under the authority of the Governor, escalate to the respective Agency Chief Data Officers, ifa pplicable, else the Agency Information Officer for mediation. If the dispute is resolved, finalize and file BUCP. If not, both the Data Provider and Data Recipient must develop written comments and recommendations that represent their perspective. Submit materials to the Chief Data Officer via the Dispute Mediation Request Form. If the dispute is resolved, finalize and file the BUCP. If not, Chief Data Officer submits recommendation to Governor's Office for final decision.