November 2016

As the global debate on business and human rights considers how to improve business respect, and ensure access to remedy…the case studies examined in this report contribute insights about the kinds of effects non-judicial mechanisms produce, under what conditions, and how they contribute to broader systems of remedy. Non-judicial redress mechanisms have an explicit purpose of providing access to remedy… Across ten cases we examined, the non-judicial redress mechanisms fell short of delivering individual remedy both procedurally and substantively, although in five cases we documented some form of positive result from the perspective of claimants seeking remedy…In our cases, the result of mediation or other non-judicial process largely did not align with the remedy desired by complainants or meet the standard of “relief needed to repair the harm”. The research point to the fact that the effectiveness of a transnational non-judicial mechanism is not myopically reliant on its own institutional design or process rules…