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the Guidelines for Multinational Enterprises of the Organisation for Economic
Co-operation and Development), a national human rights institution, or any
other State-administered or statutory body empowered to take on this kind of
role. They may also include local, traditional mechanisms used by indigenous
or other communities. In some instances, a mechanism administered by a multistakeholder initiative might have a role, for example, if complaints involve a
supplier or contractor to more than one of its corporate members.
Not all these mechanisms are present or effective in all States. An enterprise
will need to seek expert advice on the extent to which such mechanisms in
their local operating environment are likely to be able to perform this role in
practice, free of corruption or manipulation, and with sufficient credibility in the
eyes of complainants for outcomes to be sustainable.
Q 67. What if an enterprise agrees that it has caused or
contributed to an impact but does not agree with those
affected on the appropriate remedy?
If the enterprise and those affected cannot reach agreement on the appropriate
remedy, it may prove necessary either to involve a neutral third party as a
mediator or to turn to adjudication.
Any third-party mediator should be freely accepted by all involved. The mediator’s
role is to assist the parties in the search for an agreed solution and no party to
mediation can be forced to accept a particular outcome. If they do agree on an
outcome, the parties are free to agree also that it will be binding on them.
Adjudication does not require the parties’ agreement to the outcome and
is often binding. It could take place through the courts, a governmental or
statutory body such as an ombudsman or a national human rights institution,
or another mechanism that has jurisdiction or is agreed upon by the enterprise
and those affected.
Q 68. What if an enterprise does not accept that it has caused
or contributed to a human rights impact?
If an enterprise contests an allegation that it has caused or contributed to an
adverse impact, it cannot be expected to provide for remediation itself unless
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