👉 The regulatory concept of duty of care offers mixed results while raising important questions. Mediation offers an alternative framework to explore in many cases.
Indeed, its implementation through regulatory frameworks has revealed significant limitations, particularly in terms of litigation. Court cases to date have received widespread media coverage. Above all, they've ended up highlighting the inadequacy of the courts to deal with these complex global issues. The debates became bogged down in procedural considerations and the fundamental issues were overshadowed: human rights violations and environmental damage.
This raises a key question: is the judicial approach really the best way to promote corporate vigilance and protect victims? At the same time, societal expectations and international regulatory frameworks continue to evolve. The OECD Guidelines, sectoral certifications, and now the CS3D directive are creating a regulatory ecosystem. Companies with global value chains must navigate this ecosystem, regardless of national legislation.
In this context, mediation is emerging as a promising alternative that can apply at least to some cases. This alternative is capable of overcoming the pitfalls of traditional litigation, while guaranteeing the effectiveness of stakeholder rights and the continuous improvement of business practices. |
