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7 Int'l Lab. Rts. Case L. 1 (2021)

handle is hein.journals/intlrcl7 and id is 1 raw text is: * INTERNATIONAL LABOR RIGHTS CASE LAW TIONAL BRILL 7 (2021) 1-4 LABoR RiGHTS N IJ H O F F brill.com/ilarc Introduction by the Editorial Team Pursuant to the Organization for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises (OECD Guidelines), the adhering states are obliged to establish the National Contact Points (NCPS) to promote and implement the OECD Guidelines. One important task of the NC PS, as per the 2000 revision, is to resolve disputes arising during implemen- tation. This is the specific instances mechanism under which any interested party (in practice mostly a trade union or a nongovernmental organization) can submit a complaint against a company operating within or from respec- tive adhering state.1 According to OECD statistics, most complaints concern violations of human rights, general policies, issues related to employment and workers' rights, and the environment.2 The specific instances procedure is a nonjudicial (and nonbinding) grievance mechanism based on the principles of impartiality, predictability, and compatibility with the OECD Guidelines (in addition to the main principles underlying the operation of NCPS, such as visibility, accessibility, transparency, and accountability).3 Once the complaint passes an initial screening assessment and is admitted for further investigation, an NCP can refer the parties to mediation as part of the good offices proce- dure.4 Two conditions for such a referral are included in the OECD Guidelines: the parties need to explicitly agree on mediation and commit to participate in mediation in good faith. So, what does mediation look like in the context of the specific instances mechanism before the NC Ps? Mediation is a process in which a neutral medi- ator facilitates negotiation between the parties to help them resolve their dis- pute. Once the parties reach a mutually acceptable solution, they will issue a binding agreement that can be enforced in courts. Just as each adhering state has flexibility in setting up its NCP, no specific guidelines detail how mediation 1 OECD, Cases Handled by the National Contact Points for Responsible Business Conduct, https://mneguidelines.oecd.org/Flyer-OECD-National-Contact-Points.pdf (accessed 7 December 2020). 2 Ibid. 3 OE CD, Guidelines for Multinational Enterprises, part 11, Implementation Procedures of the OECD Guidelines for Multinational Enterprises - I National Contact Points (OECD Publishing, 2011). 4 Ibid., Procedural Guidance I C 2 (d). © KONINKLIJKE BRILL NV, LEIDEN, 2021 1 DOI:10.1163/24056901-07010001

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