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and until it is obliged to do so (for instance, by a court). Nevertheless, if
credible opportunities are available for seeking an agreed resolution to the
dispute, whether through negotiation or mediation, an enterprise is often well
advised to cooperate in these efforts.
QUESTIONS TO ASK
What processes do we already have in place for remedying any adverse impact we
cause or to which we contribute?
How effective have those processes proven to be in the past? Do they involve
all relevant parts of the enterprise? Can they be strengthened to make them more
effective?
Do they cover all the areas where adverse impact may arise? If not, what gaps do
we need to cover with existing or additional processes?
Can we systematize these processes within one or more operational-level grievance
mechanisms?
What judicial and non-judicial remedial processes exist in the State(s) where we
operate? How effective are they and to what extent can or should we typically defer
to them? Who can provide us with expert advice in this regard?
Have there been situations where we could have benefited from a neutral third party
to help us agree with those affected on solutions and remedies? Can we envisage
such situations in the future? If so, where would we find expert mediators who could
assist us in this way and who would be acceptable to all involved?
GUIDING PRINCIPLE 29
To make it possible for grievances to be addressed early and remediated directly,
business enterprises should establish or participate in effective operational-level
grievance mechanisms for individuals and communities who may be adversely
impacted.
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