Daitch & Associates worked as part of a team, to help three mining companies develop an alternative dispute resolution system in Brazil to address a severe mine tailings spill. When the Fundao dam collapsed, toxic mining waste was released down the Doce River; it was Brazil’s worst ever environmental disaster. Our team was tasked with preparing a workshop where international dispute resolution experts advised the three mining companies on how to create a grievance management system. This formed part of a response to the tailings spill, prior to the non judicial aspects of the reparations process moving to the responsibility of the Renovo Foundation.
This initial work with the three companies involved supporting local partners in designing a system adapted to local issues and context. The team conducted an assessment to understand what expertise, guidance and approaches would be most relevant to address pressing concerns – ensuring that affected community members had appropriate access to remedy.
Based on the assessment, the team identified decision points for the design of a grievance management system to address community issues in near term, while formal judicial responses were ongoing. The workshop brought the three companies responsible together, helping them to identify decision points, and take interim measures in setting up their grievance management system towards non judicial remediation for the affected community.