Task Force · Formation phase

Proactive Mediation Mechanism (PMM) Task Force

A multi-stakeholder working platform to strengthen how early ESG and human-rights risk signals are assessed, discussed, converted into responsible action, and followed through with verifiable evidence.

PMM does not replace judicial or administrative remedies, collective bargaining, legal findings, statutory reporting, or an organization’s own responsibility to prevent and remedy harm.

Cross-border stakeholder dialogue, field evidence, project impacts, and accountable follow-up connected in one working system

Current focus

  • Review the PMM operating protocol
  • Define safeguards and suitability tests
  • Develop pilot-ready tools and records
  • Design transparent learning and evaluation

Why this task force

Move before positions harden and evidence fragments

Cross-border ESG concerns often emerge through different channels: worker complaints, community observations, due-diligence findings, union alerts, NGO research, media reporting, contractor records, or operational data. PMM is intended to create a fair process for assessing those signals without treating dialogue as endorsement or replacing access to remedy.

Recognize early signals

Define intake and triage rules that distinguish urgent harm, emerging risk, contested facts, and broader systemic concerns.

Build a shared fact base

Separate verified facts, stakeholder accounts, open questions, professional judgment, and confidential information.

Close the action loop

Assign responsibilities, timelines, resources, remedy measures, verification methods, and follow-up decisions.

Mandate

A method-development and pilot-learning platform

Within scope

  • PMM governance, operating rules, roles, and decision boundaries
  • Intake, triage, suitability, referral, and escalation protocols
  • Stakeholder participation, representation, language, and accessibility
  • Dialogue, issue-framing, evidence, action-plan, and remedy tools
  • Pilot design, independent review, performance learning, and handover

Outside our role

  • Arbitration, adjudication, legal advice, or findings of legal liability
  • Certification, compliance guarantees, stakeholder endorsement, or social-license claims
  • Public-relations crisis management or suppression of criticism
  • Replacing trade unions, community institutions, regulators, courts, or company grievance mechanisms
  • Restricting any participant’s access to judicial, administrative, union, or other legitimate remedies

Working model

From signal to verified follow-through

The task force will test a five-stage model. Each stage includes a stop, referral, or redesign option when safe and fair mediation is not possible.

Facilitation, empowerment, mediation, and accountability supporting the proactive mediation process
FEMA provides four cross-cutting capabilities across the five-stage PMM workflow: Facilitation, Empowerment, Mediation, and Accountability.
1

Intake and suitability

Record the signal, urgency, affected people, available evidence, parallel proceedings, and whether PMM can add value.

2

Safeguard and conflict check

Assess retaliation, consent, confidentiality, representation, power imbalance, mediator independence, and referral needs.

3

Joint issue framing

Agree what is known, disputed, missing, confidential, rights-relevant, and suitable for technical or independent review.

4

Action and remedy design

Develop measures with responsible owners, resources, dates, affected-stakeholder input, escalation points, and evidence requirements.

5

Verification and learning

Track implementation, confirm outcomes with affected stakeholders, record unresolved issues, and publish anonymized learning where appropriate.

Trigger signals

When PMM may be considered

A signal starts a suitability review, not an assumption that mediation is the correct response.

  • Human-rights or environmental due-diligence findings
  • Worker, union, community, Indigenous Peoples, or civil-society concerns
  • Repeated grievances, incomplete remedy, or disputed closure
  • Contractor, labour-agency, supply-chain, or project-interface risks
  • Credible media, research, audit, lender, buyer, or regulator signals
  • Issues requiring cross-border translation between local experience and international standards

Suitability boundary

When another pathway is needed

PMM should pause, refer, or operate only alongside competent mechanisms when the process cannot protect people or provide an appropriate response.

  • Immediate threats to life, safety, liberty, or evidence preservation require urgent competent action.
  • Serious alleged crimes, mandatory reporting, or regulatory enforcement cannot be privately mediated away.
  • Affected participants cannot give informed consent or face unmanaged retaliation risk.
  • A proposed process would prejudice active legal, administrative, or collective-bargaining proceedings.
  • The organization with power to implement remedy will not participate or allocate responsibility and resources.

Participation

Who the task force should include

Participation is issue- and context-specific. No organization represents affected people merely by joining the task force.

Affected stakeholders

Workers, communities, Indigenous Peoples, vulnerable groups, complainants, and their legitimate representatives.

Worker representation

Trade unions, worker representatives, labour-rights organizations, and trusted support providers.

Business actors

Companies, suppliers, contractors, labour agencies, industrial parks, buyers, investors, and project owners with implementation responsibility.

Civil society and local knowledge

Community organizations, NGOs, researchers, media specialists, faith-based groups, and other locally trusted institutions.

Technical and mediation expertise

Independent facilitators and specialists in labour, environment, human rights, community impacts, remedy, data, and evaluation.

Relevant institutions

Public bodies, industry initiatives, lenders, standard setters, or international organizations where their role is appropriate and clearly disclosed.

Workstreams

What the task force will develop

Governance and rules

Charter, roles, funding disclosure, conflict management, decision rules, complaints about the mechanism, and periodic review.

Intake and triage

Submission channels, risk grading, suitability tests, urgent referral, consent, case acceptance, and closure criteria.

Participation and protection

Representation checks, accessibility, translation, support, non-retaliation, confidentiality, and sensitive-information handling.

Dialogue and evidence tools

Meeting rules, joint issue statements, evidence matrices, technical review terms, and fact-versus-view distinctions.

Remedy and commitments

Action and remedy registers, ownership, budgets, milestones, verification evidence, stakeholder confirmation, and escalation.

Pilots and learning

Small, controlled pilots, independent learning reviews, anonymized findings, mechanism metrics, and responsible scaling decisions.

Safeguards

Conditions for a credible process

The design is benchmarked against the effectiveness criteria for non-judicial grievance mechanisms and practical dispute-resolution guidance.

Legitimacy

Clear governance, disclosed roles and funding, conflict checks, and accountability for fair process.

Accessibility

Known entry points, appropriate language and format, no participation fee, and support for barriers to access.

Predictability

Published stages, indicative timeframes, possible outcomes, closure rules, and implementation monitoring.

Equity

Reasonable access to information, advice, expertise, representation, and preparation on fair terms.

Safety and non-retaliation

Risk assessment, protected channels, data minimization, escalation options, and no tolerance for reprisals.

Confidentiality and transparency

Agreed information-use rules protect people while process and performance reporting support public confidence.

Rights compatibility

Outcomes must respect internationally recognized human rights and preserve access to other remedies.

Learning and participation

Affected stakeholders help shape the process, and recurring issues inform prevention and mechanism improvement.

Typical outputs

Practical records, not only meetings

  • Task force charter and terms of reference
  • PMM operating protocol and role matrix
  • Intake, triage, suitability, and referral matrix
  • Conflict-of-interest and mediator selection protocol
  • Participation, consent, confidentiality, and non-retaliation rules
  • Joint issue statement and evidence matrix
  • Action, commitment, and remedy register
  • Verification and affected-stakeholder confirmation plan
  • Mechanism performance and learning report
  • Case closure, referral, and handover note

Public and restricted records are separated. Personal data, worker complaints, community information, sources, commercial material, and early-warning signals are handled under proportionate access and retention rules.

Reference framework

International principles informing the design

These references provide design benchmarks; their use does not imply endorsement, certification, or a finding that PMM already meets every criterion.

Read the PMM and critical-minerals governance perspective

How to participate

Start with a defined contribution or test case

1

Share the need

Describe the sector, geography, stakeholder setting, issue type, project stage, and the contribution you can make.

2

Review fit and safeguards

We clarify conflicts, confidentiality, representation, resources, legal or regulatory interfaces, and whether PMM is suitable.

3

Define the role

Agree a bounded role in protocol review, technical input, affected-stakeholder participation, independent review, or a controlled pilot.

FAQ

Questions we expect to discuss

Is PMM a replacement for a grievance mechanism?

No. It may complement an operational-level, worker, community, industry, or public mechanism where cross-party facilitation adds value. Responsibilities and referral pathways must remain clear.

Does participation waive legal or other rights?

No. Participation should not prevent access to courts, regulators, labour institutions, collective bargaining, National Contact Points, lender mechanisms, or other legitimate avenues.

Is PMM neutral?

Neutrality cannot be established by assertion. Each matter requires role and funding disclosure, conflict checks, suitable mediator selection, procedural fairness, and a way to challenge the process.

Can sensitive work remain confidential?

Yes, where justified and agreed. Confidentiality must protect people and legitimate information interests without concealing the mechanism’s mandate, performance, systemic risks, or necessary access to remedy.

What would success look like?

Safe and informed participation, a credible shared issue record, implementable action or remedy, evidence of follow-through, affected-stakeholder confirmation where appropriate, and clear treatment of unresolved matters.

Expression of interest

Help test a credible proactive mediation model

We welcome affected-stakeholder, union, civil-society, business, technical, mediation, and institutional perspectives.