Companies are increasingly required to report to stakeholders, including shareholders, and investors, amongst others, on the environmental, social, and governance aspects of their business strategies and operations. At times these requests take the form of complaints when conflicts and disputes have already emerged. Independent mediators and facilitators are well-placed to offer process advice and neutral facilitation for parties caught up in such conflicts and disputes.

ENS attorneys, James Brand and Jessica Blumenthal, will introduce us to the following aspects of ESG after which we will discuss a typical ESG case study and the role that mediators and facilitators could play in assisting parties manage ESG conflict and disputes.

• ESG 101: Introduction to what ESG is and what it seeks to achieve. We will unpack the concept of double materiality (ESG risk to profit as the classical origin of ESG and the more recent development of ESG as a means to understand impact on person and planet). Both potentially give rise to potential disputes. We will briefly unpack the E, the S, and the G based on how these are compartmentalised in the JSE disclosure guidance.
• Integrating ESG: This will cover how ESG strategy is a key board-level document required to discharge fiduciary duty and how corporate ESG policies thereunder are key to integrating ESG within an organisation. We will highlight emerging ESG laws such as supply chain due diligence requirements, and disclosure requirements in terms of the ISSB/TCFD/TNFD/GRI/JSE Guidance and how these give rise to new potential avenues for disputes. 
• Emerging ESG Litigation Trends: This will briefly unpack emerging litigation trends as regards human rights and environmental claims that we are seeing internationally as well as in SA. Mediating a matter before it gets to court seems sensible in light of these emerging risks for dispute. The trends identified and to be briefly highlighted are (i) litigation arising from value chain or subsidiary activities (ii) litigation relating to disclosure duties (iii) litigation relating to international environmental crime (iv) litigation against governments (v) litigation against directors.
• Q&A
• A case study highlighting opportunities for mediators and facilitators in the ESG space.

This course is open to all accredited Mediators for their continuous Mediator Professional Development.

DATES: 5 June 2024

TIME: 14.00 to 17.00

VENUE: ONLINE

PRICE: R1 132.50 including VAT
(FREE to members of the CD Panel of mediators)

BOOK