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Good and poor NCP practices

Experience has shown that NCPs’ handling of cases varies significantly. Before you file a complaint, it is important to be aware of how the best- and worst-performing NCPs handle cases so you can make your expectations clear to the NCP involved in your case.

Good practice

  • Several NCPs have succeeded in bringing parties together and have facilitated mediated outcomes that led to concrete improvements and, in some cases, compensation.
  • A number of NCPs have issued clear final statements that determine whether the Guidelines were breached and provided recommendations on how the enterprise can better implement and uphold them.
  • Some NCPs have issued final statements that have been useful for resolving issues raised in the complaint even if mediation failed or was not possible.
  • Some NCPs have undertaken fact-finding missions.
  • A few NCPs have included monitoring expectations in their final statements, and some have produced follow-up reports and/or held follow-up conferences

Poor practice

  • Some NCPs have simply ignored complaints.
  • Some NCPs have accepted the enterprise’s response without question, and issued a statement that the company had not violated the Guidelines.
  • Many NCPs have taken an excessive amount of time to handle complaints.
  • Many NCPs have employed an overly restrictive interpretation of the Guidelines’ confidentiality requirements and have even threatened that publicising a complaint would lead the NCP to reject or end the case.
  • Most NCPs are unwilling to assume a monitoring role after a case concludes.
  • A troubling number of NCPs have not treated the parties equally. Bias in favour of the company has often resulted in cases being unjustifiably rejected.
  • Some NCPs have based their decisions on information not made available to both parties.
  • Some NCPs looking for “easy” cases will reject a complaint outright if it appears unlikely that a joint resolution can be easily reached.

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