If you were a company accused of violating OECD guidelines, wouldn’t you prefer to meet privately with a neutral party (who would keep what you said confidential) than to have to defend yourself in a public way as an official investigation gets underway? From the standpoint of preserving your corporate image, mediation is certainly preferable. If such problem-solving fails, the NCP can always revert to its investigatory role. The more informal the interaction, the less likely the parties are to overstate their claims or react defensively. If, however, the NCP’s goal were to correct inappropriate practices or implement appropriate remedies, it might, instead, select a qualified mediator - located in the place where the infraction presumably occurred - to meet informally with the relevant parties and see what might be worked out. They proceed this way because their primary goal is to determine the legitimacy of the claims that are brought. In short, the NCP tries to determine whether the company has, in fact, violated the OECD corporate social responsibility guidelines. Then, it might follow up with a call to the company and ask for “its version” of the story. It sometimes does this by asking its national embassy to “make inquiries” about the reputation of the company against whom a complaint has been filed. When a complaint is filed, an NCP must determine whether the charges should be taken seriously. when impasse has been reached), rather than as the first step in a collaborative effort to head off a problem or work out a creative solution. In too many situations, mediation is viewed as the last step in adjudication (i.e. I am very supportive of a “problem-solving” view of mediation. In particular, they were urged to take their mediation mandate seriously. More generally, the NCPs were urged to step back from their adjudicatory (or investigatory) efforts and build their problem-solving capabilities.ĭefinition of Mediation as a Problem Solving Process At a recent meeting of all the NCPs and some of their constituent organizations (including their Trade Union Advisory Group, their Business and Industry Advisory Group, and OECDWatch) the NCPs were reminded that their goal should be to rectify inappropriate practices, not just determine whether the guidelines had been violated. On some occasions, NCPs did not find sufficient evidence that the guidelines had been violated, but there were clearly circumstances that needed attention. Unfortunately, it was been hard for the NCPs to complete many of the needed investigations, particularly those filed by unions or NGOs in far off corners of the world. The assumption is that being called out by a national government would push multinationals to correct whatever guideline infractions they or their subsidiaries may have committed. How Alternative Dispute Resolution (ADR) Resolves Disputes and Creates Value for Each Side
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The NCPs investigated as best they could (often with very limited staff and budget).Ĭlaim your FREE copy: Mediation Secrets for Better Business Negotiationsĭownload this FREE special report, Mediation Secrets for Better Business Negotiations: Top Techniques from Mediation Training Experts to discover mediation techniques for selecting the right mediator, understand the mediation process and learn how to engage the mediator to ensure a good outcome from the Program on Negotiation at Harvard Law School.
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Every member country appointed an NCP - a National Contact Point - to investigate claims that multinational corporations headquartered in their country, or their subsidiaries wherever they might be located, had violated the guidelines. In 2016, they were in the throes of a ten year review. OECD member states include thirty of the major economies of the world.īack in 2006, they adopted guidelines regarding human rights, environmental protection, the rights of workers and child protection. The Organization for Economic Cooperation and Development (OECD) holds multinational corporations to appropriately high standards of corporate social responsibility.
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He reveals the three requirements necessary for problem-solving mediation using a practical negotiation case study. In this article, professor Lawrence Susskind spells out the hidden advantages of using mediation early in the process to solve problems and reach voluntary compliance agreements. Mediation is often thought of as a last step to adjudicate disputes. The definition of mediation is often as contextual as the conflict it attempts to resolve.