Integrating Rights- and Dialogue-Based Approaches to Business–Community Negotiations in Complex Environments: The Case of Mining in Latin America

Based on seven in-depth country studies, this article explores the nature and challenges of business–community negotiations in the mining sector of Latin America and identifies a common set of institutional, organizational, and structural barriers to conflict resolution that render mutual gains approaches to negotiations rare and difficult to implement. These barriers include a weak rule of law; inequalities in access to justice; power asymmetries; incentives for short-term distributive negotiations rather than long-term value-creating agreements; and deep value differences, all of which feed into zero-sum dynamics in business–community—and even intracommunity—negotiations. Based on a normative-theoretical discussion of the implications of our findings, the article recommends integrating a rights-based approach with inclusive dialogue-based practices in ways that curb the institutional barriers that we identify and may generate incentives for long-term value-creating negotiations between business and communities, as well as sustainable use of natural resources.