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Mediation

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Mediation

If there is a clear opportunity for collaborative resolution before the issuance of Initial Assessment Report, the EIB-CM will obtain formal agreement from the relevant project stakeholders to start a mediation process. Typically, the mediation will take place between the complainants/requestors, on one side, and the EIB and/or project promoters and/or national authorities, on the other side. Any of the parties may interrupt or call off the mediation process at any time.

The collaborative resolution process will seek resolution by building understanding and trust. The process may involve:

Facilitation of information sharing – the EIB-CM ensures that adequate, relevant information is provided to the complainants to facilitate better understanding of project impacts and to address concerns;

Dialogue/negotiation – the EIB-CM facilitates dialogue towards achieving a mutually accepted solution;

Joint fact-finding – the EIB-CM facilitates the project stakeholders to agree on the issues to be investigated, the involvement of the parties, the degree of independency required, the method to be used and what to do with the results, and to proceed with the joint investigation / fact-finding.

Formal mediation – in cases where distrust and confrontation have led to substantial deterioration of the relationship between parties, the EIB-CM can manage and facilitate a more formal and complex process to achieve conciliation with a view of problem solving.

If this process achieves sustainable solutions, within the defined timelines, the process is successfully closed. If not, a recommendation for an investigation / compliance review or other specific EIB action may follow. In both cases, a Conclusions Report will be prepared.


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