Key terms in community mediation and extractive industries

An independent system or institution designed to ensure that parties fulfill their commitments under a mediation agreement and provide remedies when obligations are violated. In mining contexts, these may include joint monitoring committees, ombudsman offices, or international mechanisms such as the CAO. See also: CAO; Grievance mechanism.

Acidic water that forms when minerals containing sulphur are exposed to air and water during mining. AMD can contaminate rivers, streams, and groundwater for decades or centuries after mining ceases. See also: Acid rock drainage.

A broader term than acid mine drainage that includes acidic water generated from any disturbed rock containing sulphide minerals, whether from mining, construction, or natural processes. See also: Acid mine drainage.

A statement or action by which a party recognizes and validates the experiences, suffering, or concerns of another party. In company-community mediation, acknowledgment often involves the company recognizing the impact of its operations on community members, which can be a crucial step in rebuilding trust and facilitating healing.

A communication technique that involves giving full attention to the speaker, observing body language and tone, and responding in ways that demonstrate understanding. Key components include paraphrasing, reflecting emotions, maintaining eye contact, avoiding interruptions, and picking up on unspoken concerns. Active listening builds rapport and creates a safe space for dialogue.

The phase in mediation where parties collaboratively identify and prioritize the issues to be discussed. Topics are listed in neutral language, clarified for shared understanding, and organized in a logical sequence. Effective agenda setting ensures no key grievance is overlooked and makes complex conflicts feel more manageable.

A cognitive bias in negotiation where the first number or offer presented disproportionately influences subsequent discussions and perceptions of fairness. Mediators help parties focus on objective criteria and interests rather than arbitrary anchors to counteract this bias.

A formal expression of regret or remorse for harm caused. In mediation, sincere apologies can be powerful tools for healing and trust-building. Effective apologies acknowledge specific impacts, express genuine empathy, and may be accompanied by commitments to prevent future harm. Legal considerations may require careful wording.

A formal dispute resolution process in which a neutral third party (the arbitrator) hears evidence and arguments from both sides and renders a binding decision. Unlike mediation, the parties do not control the outcome. Arbitration may be voluntary or mandated by contract, and is sometimes used when mediation has been attempted but failed to produce agreement. Community Benefit Agreements should specify where arbitration will take place and who will bear the costs.

Labor-intensive mining operations conducted by individuals, families, or small groups using minimal mechanization and capital. ASM communities are often affected by the arrival of large-scale industrial mining operations, which may displace them from deposits they have worked for generations, creating a distinct category of stakeholder in company-community disputes.

A comprehensive technical and financial study of a proposed mine, prepared to a standard that satisfies the requirements of lenders. It is the final study before the decision to build the mine.

A study conducted before mining begins that documents the existing environmental and social conditions. The baseline is the reference point against which future impacts are measured.

Any arrangement through which a mining company shares economic benefits with the affected community, including revenue sharing, equity participation, employment targets, procurement preferences, and community development funding.

A formal arrangement in which a company commits to sharing benefits from its operations with affected communities. These may include financial compensation, community development funds, infrastructure projects, employment opportunities, or other tangible benefits designed to ensure communities receive fair value from resources extracted or operations conducted in their area. See also: Benefit sharing.

The most favorable outcome a party can achieve if negotiations fail and they pursue their next-best option outside of mediation. Understanding BATNAs helps parties assess whether proposed agreements are acceptable and provides a realistic baseline for evaluation. A weak BATNA often increases motivation to reach an agreement. See also: WATNA; ZOPA.