Case-handling procedures
Complainants depend on clear complaint procedures to access and use the NCP. To ensure an accessible, impartial, and predictable complaint process, the NCP should create case-handling procedures and post them on its website in both…
Complaint filing guidance
In order to ensure the NCP is accessible, it is important that the NCP provide an adequate and accessible explanation to complainants on how to file complaints. Complainants are likely not experts on the Guidelines,…
Language accessibility
In order to ensure the NCP is accessible, it is important that language is not a barrier to filing complaints or participating in mediation. Many complainants may only be able to file complaints and participate…
Coordination between NCPs
Having a clear process for when and how the NCP coordinates with other NCPs when handling complaints helps ensure the process is transparent and predictable. This information helps complainants who have filed, or are considering…
Admissibility criteria
An NCP should be accessible to enable more parties to benefit from the NCP’s mediation. The Guidelines set out six admissibility criteria that the NCP should consider. NCPs should consider all six of these criteria…
Evidentiary standard
Many NCPs apply an overly rigorous standard for substantiation at the initial assessment phase, rejecting complaints they think lack adequate substantiation. Especially at the early initial assessment stage of the process, NCPs should endeavour to…
Parallel proceedings
The Guidelines discourage NCPs from rejecting complaints subject to parallel proceedings in judicial courts or other tribunals. The Guidelines permit rejection only when the NCP’s handling of the complaint will seriously prejudice either of the…
Public initial assessments
This indicator measures whether NCPs immediately publish initial assessments that accept complaints. Immediate publication of initial assessments is vital to ensuring the transparency, accountability, and impartiality and equitability of the complaint process. Raising public awareness…
Guiding role of NCP
NCPs are expected to play a guiding role in mediation. There are several key elements to this. The NCP should: (1) use its expertise on the Guidelines to guide the mediation discussion; (2) ensure any…