Fair and Equitable Dispute Resolution
The company ensures that, when required, it willingly participates in fair, equitable, and transparent dispute resolution processes, assisted by an impartial third party. The company offers appropriate redress for its adverse impacts.
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This case study from Teck, a Canadian mining company, summarises how the company manages relationships with Indigenous Peoples, and can help you to better understand what good practice looks like. The first section outlines how Teck implements governance and accountability around Indigenous relations, including responsibilities assigned to senior leadership and their Indigenous Peoples Policy. The second section explains how the company goes beyond regulatory requirement in its engagement with Indigenous Peoples, including how it negotiates agreements, engages in consultation, and incorporates local Indigenous knowledge into decision-making processes. It also shares how Teck identifies potentially impacted groups, how it includes Indigenous people in its procurement and hiring practices, and how it reports its progress.
This review from the Canadian Human Rights Commission can help you understand how Indigenous and western dispute resolution processes can be used together in way that respects cultural differences. The first section outlines common challenges in dispute resolution involving Indigenous Peoples, including discrepancies in power, cultural differences, language barriers, and colonial impacts. The second section examines differences in Indigenous and western worldviews in relation to dispute settlement. Finally, the resource explores the potential to overcome these challenges and differences to use both systems complementarily. The guidance will be most useful to community relations and legal departments.
Solid work you mob are doing: Case studies in Indigenous dispute resolution and conflict management in Australia
This detailed report produced by the Federal Court of Australia, in partnership with the Australian Institute of Aboriginal and Torres Strait Islander Studies, can help you to better manage disputes with Indigenous communities. It focuses on three main case studies as well as a series of short studies. Based on learnings from these cases, the report outlines strategies for implementing effective Indigenous dispute management practices that are applicable beyond the Australian context. This guidance will be most useful to Community Relations, Legal, and Sustainability teams.