A/HRC/38/49 innovations involving a smart collaborative mix of various approaches to dialogue, mediation and arbitration. This included the creation of an access to remedy fund aimed at strengthening the institutions and processes for ensuring access to justice for victims of human rights abuse in which business enterprises played a role. The aim would be to solicit funds from private entities and individuals to support specific projects designed to remove institutional barriers to remedy and to strengthen dispute resolution processes. Another proposal was the creation of a business and human rights arbitration panel available either to victims of human rights violations who wish to bring claims against businesses, or to resolve disputes involving human rights-related claims between commercial parties (for example, where a supplier fails to comply with certain contractually imposed human rights obligations). 59. Another discussion centred on the role of effective mediation in more effectively addressing community grievances with regard to business-related human rights impacts, and consequently contributing to sustainable development for the community. The main lessons learned described by independent accountability mechanisms, non-governmental organizations and business enterprises included the need for capacity-building on all sides; the need for joint fact-finding or external expertise trusted by both sides; clear ground rules accepted by both sides; the identification of legitimate representatives of victims; the proactive inclusion of women from affected communities (if they are not included at the table); recognition by business enterprises that conflict is not in their interest, and that their relationship with a community should be seen through a long-term lens; and the effectiveness of operational-level grievance mechanisms in addressing grievances early and before they escalate. 60. In another discussion, participants focused on the role of corporate counsel and law firms, which among other things addressed the role of the “wise counsellor” and the question of pro bono legal support to victims. With regard to the former issue, participants emphasized the importance of the Practical Guide on Business and Human Rights for Business Lawyers of the International Bar Association. 8 They noted that corporate lawyers could and should play a proactive role in advising their corporate clients on human rights due diligence, which ultimately would be beneficial to corporate governance and lead to better supply chain and risk management. Bad human rights due diligence and failure to take a role in addressing legitimate calls for remedy would eventually come back to haunt a company. The role of a wise legal counsellor would be to put information on human rights abuse and risks in context. With regard to the importance of strengthening pro bono legal support to communities, participants noted that there was a great need to address current inequality of legal arms between communities and transnational corporations. There was also a need for lawyers who are both independent and competent in business and human rights-type litigation. Such legal support was scarce, and communities might not have the resources to engage competent lawyers where they can be found. Forum participants welcomed an idea proposed by the Working Group of exploring a pro bono network, but also highlighted a range of practical challenges. One critical point was the need to build capacity at the local level and to tap into local legal expertise. There was also a need to map and broaden existing networks of pro bono legal support provided by, for example, existing human rights clinics, and to facilitate knowledge-sharing. IV. Action on all three pillars A. State action 61. The Working Group and other stakeholders acknowledged that legal developments in several jurisdictions had the potential to create positive change. It was also noted — as stressed in the Guiding Principles — that States should not assume that businesses invariably prefer or benefit from State inaction, and that they should consider a smart 8 14 Available from www.ibanet.org/LPRU/Business-and-Human-Rights-Documents.aspx.