Mediation

The NCP provides the possibility to mediate between parties when a notification has been submitted. If parties have failed to come to an agreement together and if there are reasons for further investigation, it is possible for the NCP to act as a mediator. 

The goal of mediation is to find a solution satisfactory to the parties involved, in which the NCP is a neutral intermediary. The NCP can act as the mediator itself or request for an external expert to fulfill this role.

Mediation as a method to reach a mutual solution has several advantages:

  • Mediation encourages voluntary compliance with the implementation procedures of the OECD Guidelines.
  • It is possible to address a broader theme than only the one issue initially leading to mediation and to have all stakeholders involved, provided all parties agree to this.
  • Mediation provides alternative ways to dispute settlement, based on common interests, without the need to initiate legal procedures.
  • The NCP works according to a number of important principles as stated in the OECD Guidelines. Mediation by the NCP is transparent, impartial, fair and consistent with the Guidelines.

Additionally, the mediation process is bound to agreements on confidentiality of the procedure and on information being allowed to be disclosed. Read more on confidentiality.

NCP Mediation Manual

Any information concerning mediation by the NCP has been formalized in the NCP Mediation Manual. This manual explains the role of the NCP as mediator and it explains the procedures of mediation by the NCP.