Legal Transcript Mediation Summary

I want you to summarise a transcript. Explain the facts, key points and positions of the parties.

please also explain how the media conducted himself

The Federal Court of Australia has a hard-earned reputation for actively managing cases so they are resolved quickly and efficiently. *:* Sometimes a Judge will refer a matter to mediation even if the parties do not agree. *:* A mediation is a structured process in which an independent person, the mediator, *:* helps the parties to identify and assess options so they can negotiate an end to their dispute. *:* Mediations are conducted in the Federal Court by Registrars who are judicial officers. *:* However, the mediation happens around a table and not in a courtroom. This is called a court-annexed mediation. *:* Most mediations are resolved successfully. Here we will demonstrate how the process works *:* and highlight the central role played by the mediator. In this example, an environmental group *:* Sunset Conservation Foundation or SCF, is trying to stop the building of a coastal tourism resort at Sunset Bay in Northern Australia. *:* The area is surrounded by pristine waters, mountains and rainforests and is home to the threatened *:* Green Turtle and Jade Turtle. The consortium that wants to build the resort *:* has the agreement of the national government for it to pay a third of the costs on the condition that a certain number of jobs will be generated *:* and the work commences by a particular date. However the SCF has staged sit-in demonstrations at the site *:* and two days before work is due to begin has filed an application asking the Court to review the government minister's decision *:* to approve the project. It has also asked for an urgent injunction stopping the work until the review has been determined. *:* The Court has referred the case for an urgent mediation. Representatives for all three parties, *:* the SCF, the government, and the consortium have been required by the court to attend the mediation. *:* Before all three parties meet as one, the mediator sees them separately to explain the process. *:* The message is the same for everyone. *:* RUPERT: hello SOPHIE & VICKI: Hi...Oh, Hi RUPERT: I'm Rupert Burns the mediator VICKI: Hello, nice to meet you Rupert, I'm Vicki. *:* RUPERT: Ah Vicki, hi...and SOPHIE: Hi Registrar, Sophie Bird RUPERT: Sophie, hi RUPERT: Welcome, please sit down. SOPHIE OR VICKI: Thankyou. *:* RUPERT: Let's have a chat, um, and I'll explain the process to you. Now, just so you know about me, I'm a Registrar of the Court *:* I'm a mediator in the Court, that's a big part of what I do *:* I've read the file, I think I pretty well understand the issues that are involved *:* however, it's very important to remember I'm not the judge. I'm not here to decide the case *:* I'm not here to say you've got a good case or a bad case. I'm really an independent third party, with experience *:* in helping people resolve cases and my focus is not going to be *:* on the law, or on the argument, but rather what are the options for a resolution. *:* SOPHIE & VICKI: Mmm...hmmm... Sure RUPERT: So If I jump in over the top of you or interrupt and say, "Look I think we're getting stuck *:* SOPHIE: Yep RUPERT: in things that we can't decide today - that we're not here to decide - SOPHIE & VICKI: mm-hm *:* RUPERT: let's look at options", please don't take it personally. SOPHIE & VICKI: Sure - OK RUPERT: All right? RUPERT: Um, the way the process tends to work is that *:* I will have a meeting with each party in private like this SOPHIE & VICKI: mm-hm *:* RUPERT: and discuss what they've come for, what they're hoping for out of the day, then we usually go into a joint session *:* where each party puts their position SOPHIE & VICKI: OK RUPERT: it's very important to remember that the *:* process is confidential. SOPHIE & VICKI: OK...sure ... RUPERT: All right. Nothing that happens in the mediation can be repeated *:* outside the mediation. SOPHIE & VICKI: OK RUPERT: It also can't be used in Court SOPHIE & VICKI: Mm-hm *:* RUPERT: in front of the Judge if the matter has to go to court in the end. SOPHIE & VICKI: OK RUPERT: and very importantly it's confidential when I'm meeting with you *:* in private like this SOPHIE & VICKI: Right RUPERT: So I cannot repeat anything said to me in this room *:* to any other party without your authority and agreement. RUPERT: So you can be absolutely comfortable with me *:* SOPHIE & VICKI: Ok SOPHIE & VICKI: OK RUPERT: that when you're with me, you don't have to be guarded SOPHIE & VICKI: OK... Yes RUPERT: Or careful about what you say. SOPHIE & VICKI: OK SOPHIE: This is the first time I've been to the Federal Court and *:* it's the first time Vicki's actually been to court so we're a little bit VICKI: a bit nervous ... SOPHIE: a bit nervy...yeah *:* RUPERT: What I'd say is that's absolutely normal SOPHIE & VICKI: Sure RUPERT: everybody feels the same SOPHIE & VICKI: OK RUPERT: Don't worry, once we get into the discussions, you'll find that they take on *:* their own rhythm and momentum SOPHIE & VICKI: Yeah RUPERT: and you'll soon forget all of that. SOPHIE: Ok. The development being so imminent *:* the community's really concerned about the preservation of the Green Turtle and the Jade Turtle in the area *:* and the fact that the Minister hasn't consulted anyone's really just icing on the cake really, it's really just moved that extra step where we *:* haven't even been consulted, so... VICKI: Yeah, the turtles are really, really our priority and I don't think we'll be leaving here until we know *:* SOPHIE: No VICKI: That the turtles are going to be proteted. SOPHIE: We're willing to fight. Our members are willing to fight. RUPERT: Alright, I understand. *:* Can I just say, mediation is not a battle VICKI: Mm-hm RUPERT: It's, in many ways, it's a peace-making process. *:* If we can't make peace, if we can't find a resolution fine, everybody goes off to court. But you're wasting *:* time and money today, if you think you're coming in for a big fight and an argument. Nobody wins the argument *:* at mediation. SOPHIE & VICKI: Mm RUPERT: All right, so it's a matter of listening negotiating in good faith, and trying to understand where the other parties are coming from. *:* [Background music] *:* VOICEOVER: The mediator then explains the process to the Minister's representatives in a nearby room. *:* He then asks what they hope to achieve from the mediation. DANIEL: Well, the Minister's very concerned about this *:* proceeding, and uh, we...he wishes that the...uh... project continue, and continue *:* not hampered by the conservationists, that's...that's his main aim. It's a very important project for him personally, and for the government. *:* RUPERT: All right. I'm going to go and talk to Julian for the consortium and take him through the same introductory process *:* find out where...he...what they're seeking for the day DANIEL: Sure RUPERT: and I'll be back to come and get you for the joint session shortly. *:* DANIEL & LAUREN: Alright, great, thanks very much Rupert, thankyou. [Background music] *:* RUPERT: Obviously, your clients' main interests are commercial... JULIAN: Yes *:* RUPERT: if they can...I presume that if your client finds a resolution that is commercially beneficial then they'll be interested. *:* JULIAN: That's right, and Rupert you probably do know, I've got a number of clients it's a consortium made up of different clients around the world *:* RUPERT: Mm hm JULIAN: They've worked very hard to get this project to where it's currently at They've spent a lot of money...on engineers *:* architects etc, we've got some really first-rate plans that are already put together *:* RUPERT: Yes, I've seen... JULIAN: Have you seen them already? RUPERT: Yes, I have JULIAN: Um, and, and, we're now facing a very desperate last minute action by *:* the Sunset Conservation Foundation which is wholly without any merit at all *:* just designed to frustrate what is a fantastic project and will deliver...you know...amazing opportunities for all *:* the locals in Sunset Bay. RUPERT: Julian, you'll be able to put all of that in the joint session JULIAN: OK RUPERT: Are you comfortable with that? *:* RUPERT: Umm... What I would ask... JULIAN: Yeah... RUPERT: though, is, and you'll understand this being experienced *:* in mediation, um, I will be looking for the consortium to try and find *:* a conciliatory position, to be prepared to compromise JULIAN: Yes *:* RUPERT: Um, obviously hard-line positions don't work. [Background music] VOICEOVER: In these opening private sessions *:* the mediator has provided a clear understanding to the parties of what to expect; *:* gained their confidence and built a rapport while guiding them away from conflict toward compromise *:* and resolution. *:* RUPERT: All right, everyone this is the joint session I discussed it with you beforehand each party will get to make a statement of their *:* position, um, so what I propose to do is hand over to Sophie to make a statement on behalf of the applicant Conservation Foundation. *:* SOPHIE: I'm...we're a concerned group of local residents committed to the plight of the national heritage and bio diversity. *:* The cornerstone of our movement is the plight of the Green Turtle and the Jade Turtle. Both of these turtles are in a critical state *:* with only * of the green turtles being left in the wild. The proposed Sunset Bay Hotel *:* will bring an end to the Green Turtle. Concerned and frustrated members of our organisation *:* are fed up with the short-term focus of the government and investors. Our members have been active *:* in the media, and have gained international support. Our members are committed to this application *:* and will continue to fight for the Green and Jade Turtle. Thank you Rupert. *:* RUPERT: All right. Thank you Sophie. Lauren, would you like to make a statement on behalf of the Minister. *:* LAUREN: Absolutely. From a legal perspective this case is straightforward. The Minister is required to consider the environmental *:* impact in any development decision-making, and he's done so, in this process. VICKI: How can you even say that? *:* I'm an environmental expert IN this area LAUREN: Look, Rupert......[Background voice...walking out..] VICKI: We have *,* signatures... *:* LAUREN: Rupert, if this continues, we will be walking out today. We will be. RUPERT: All right, OK. If we can just stop there. *:* VICKI: It's environmental vandalism, that's what it is. [Several people speaking loudly with mediator intervening] JULIAN: Environmental extremism more like it. *:* RUPERT: Everybody, stop SOPHIE: This is a joke RUPERT: Stop RUPERT: Now, everyone of you is going to have to understand that each person *:* has a strong interest in this matter and that their interest may be very different from yours. I understand that these matters can be very emotional and that's perfectly acceptable. *:* RUPERT: Yes, people [Interjection] yes, people feel strongly and they are entitled to feel strongly but this mediation is not going to function unless there is mutual respect *:* and people are prepared to listen, one to another and let the other side express what their interests are. *:* Now I know you feel strongly, Vicki VICKI: I feel very strongly RUPERT: but at this stage it is our turn to listen to the Minister *:* for the Minister to express their interests. [Mumbling in background]. All right? So, can we please proceed on the basis *:* of a rational discussion. As soon as we have insults, as soon as we have open confrontation *:* all we're going to get is people attacking back and back again and then we'll just descend into a shouting match. *:* It's not going to move this matter forward. We're trying to find options for a resolution. All right? *:* JULIAN: Let's keep going. Come on. RUPERT: Can we proceed on that basis? SEVERAL VOICES: Yes certainly...Yes RUPERT: All right, thank you Lauren. *:* LAUREN: Rupert, in the interests of settling this matter today and resolving the matter as cleanly and quickly as possible *:* the Minister has graciously offered to bear his own legal costs if the PCF or ECF, whoever you are *:* RUPERT: SCF SOPHIE OR VICKI: SCF! VICKI: uh, discontinue the matter today. So, that's the offer that we've got on the *:* table here today. RUPERT: Thank you, all right. Julian? JULIAN: Yeh, thanks Rupert, as you know we represent a consortium of investors *:* my clients are very important business people, from all over the world they're very angry at being involved in this proceeding *:* and they believe that the litigation has got no merit. Um, we are very inconvenienced by the actions *:* of the Conservation Foundation and we have spent a lot of money on this project so far *:* ...architects, engineers, planners... a lot of money has been spent to bring it to this point. *:* We believe that the Conservation Foundation is anti-development SEVERAL VOICES: Yes JULIAN: anti-jobs *:* LAUREN: Absolutely and anti-economy. And we'll be opposing this injunction in Court. However, I've just received an email *:* from my clients and they've instructed me to put an offer today, with a view to resolving the dispute. *:* It's on the basis that the Sunset Conservation Foundation abandon their unmeritorious litigation *:* any in return for that, the consortium will amend the plans [Background: yes] *:* for the resort by including a very large aquarium, in the resort in which we will house two Jade Turtles *:* for the guests to be able to be able to interact with ... SOPHIE & VICKI: What? Is this a joke? This is insulting... SOPHIE: Rupert this is ridiculous *:* RUPERT: Excuse me, Wait a moment... Let him finish JULIAN: and they can feed the turtles, pat the turtles, possibly *:* even swim with the turtles [mumbling in the background] and raise awareness for the cause of the turtle so, we think that's a really sound proposal, we think it's a really good proposal. *:* RUPERT: All right, if I can just summarise the Minister's put forward a proposal *:* that the parties just simply abandon the media...the, the litigation *:* walk away and bear their own legal costs and the Consortium's proposed an *:* aquarium with two Jade Turtles in it. JULIAN: that's right JULIAN: And, I should, I should add Rupert that's quite an expensive *:* [Laughter Sophie or Vicki] alteration to the plans for the resort. Aquariums are not cheap. RUPERT: All right, thankyou. SOPHIE: It's not saving the turtle. *:* RUPERT: Would you like an opportunity to discuss this or are you in a position to respond to it *:* in the joint session? SOPHIE: Both of those offers are flatly rejected Rupert. This is an absolute joke. *:* The purpose of our application is... JULIAN: This proceeding's a joke. >> LAUREN: Absolutely. SOPHIE: ...is to save the green and the jade turtle. The proposal that an aquarium *:* is going to replace the habitat - the nesting ground - of the Green and Jade Turtle is an absolute joke. *:* RUPERT: So, that would be "No"? [Background music] VOICEOVER: In this joint session the mediator has allowed the parties to express their *:* predominant interest while maintaining control. He has managed bad behavior *:* and generated proposals. *:* SOPHIE: That was an absolute joke Rupert. That was ridiculous. VICKI: I've never been so insulted before. SOPHIE: An aquariam! An aquariam! *:* VICKI: It was ridiculous. RUPERT: Don't worry VICKI: This is...how can you say "Don't Worry"? VICKI: This is ridiculous. *:* RUPERT: They always start like this with people taking absolute positions. Don't worry. *:* There's a long way to go in the mediation yet. Come on. Sit down. Let's have a talk. VOICEOVER: Having calmed the situation *:* the mediator now provides some reality-testing. RUPERT: Do you think that they're prepared to *:* abandon the development? Do you think they will? VICKI: I don't think they're prepared to do anything... SOPHIE: Well, we're going to stop it. *:* RUPERT: They're not, are they? VICKI: No, that's why we've got to take the action. That's why we're here. *:* RUPERT: I understand that's why you're here but realistically, thinking about it so what's the alternative? *:* SOPHIE: We have no alternative. We have to...this project has to end. RUPERT: Presumably, if you lose the case they'll be able to bring the police in *:* make arrests, drag people away. At the end of the day the development's going to go up - if you lose the case *:* the turtle's habitat will be destroyed and each and every member of the *:* Sunset Conservation Foundation may be liable to pay the costs of the government and the costs of the development Consortium. *:* Well, my job here is to try and help everyone find a way through this. *:* If you're not able to put forward any alternative proposal I'm going to need to go and talk to the other parties and see if they've got some kind *:* of possible alternative. All right? In the meantime you really need to think carefully about all the possible outcomes - *:* SOPHIE & VICKI: Hmm RUPERT: good and bad. [Background music] *:* VOICEOVER: The mediator has checked the hopes and expectations of the SCF against the ramifications if they lose the case. *:* He has helped focus their minds on what is really at stake. *:* In their private meeting the Minister's representatives also express disappointment but the mediator urges them to look at practical solutions. *:* They disclose they are worried about paying compensation to the consortium if the development is stopped by the court. They also admit *:* the Minister is worried about the humiliation a loss would mean in an election year. *:* RUPERT: All right, so let's just summarise what we've worked out together in relation *:* to the possible outcomes and the issues and consequences for the Minister. If the Minister just gives up *:* and gives in to the SCF and withdraws the permit, he's going to look weak *:* and there will be lost jobs, lost tourism opportunities with that in an election year. *:* There's also the possibility of significant financial compensation to the consortium. *:* If the Minister loses the case, then there's of course, the question of legal costs again *:* no jobs, again, possible financial compensation to the consortium and a general public sense of the Minister having failed. *:* Not a very good outcome for the Minister. Finally, if the Minister wins, there is of course *:* the benefits of the jobs and the tourism that will flow but a real risk if police action - *:* violent possibly - police action, is necessary to remove the demonstrators, the look that that will *:* bring about, possible negative environmental reaction and of course, again, just the costs of running the case *:* and taking all that action and trying to get it to happen. So we can see that none of these are perfect outcomes. *:* They're all, in their own way, undesirable. DANIEL: Yeah RUPERT: We have to try and find some kind *:* of an alternative proposal that will work in order to meet the Minister's interests. *:* [Background music] VOICEOVER: The mediator's reality testing together with the disclosure of confidential information *:* helps to make the Minister's situation clearer. The mediator is also able to emphasise *:* the benefits of a mediated resolution. *:* VOICEOVER: In their session, the Mediator tells the Consortium representative the SCF seems unmoved, that they will proceed with the case *:* and if unsuccessful, chain themselves to machinery in protest. He suggests this would be both expensive and unattractive for the consortium. *:* The mediator says the Minister is in a potentially difficult political situation *:* but the consortium thinks this is not so much its concern as is the money it will lose if the development doesn't proceed. *:* RUPERT: But, in order to try and find an alternative resolution you will need to speak to the Minister and get the Minister's cooperation, I suspect. *:* So the real question that I've got for you is: Is there a realistic alternative that you can imagine *:* in terms of the proposal that you would be in a position to put to the Minister *:* and then that could be put to the Conservation Foundation? *:* JULIAN: Rupert..um...this is highly confidential, OK? RUPERT: yeah. It can't go beyond this room at this stage, all right? *:* We're absolutely clear about that. RUPERT: Absolutely. JULIAN: There was an alternative site, OK... *:* down the coast at Barramundi Bay. We looked at that site. It wasn't our preferred site *:* so we focused on Sunset Bay, but it wasn't a bad site. Now, I don't have any instructions but *:* I can make some phone calls and see whether for the sake of having a project moving *:* we look at moving to the alternative site to keep the project alive. I'll need to speak to a number of *:* people. It could take a little bit of time. I can't make you any guarantees, but... *:* RUPERT: That's accepted. JULIAN: But I do know that there was an alternative site so it's probably worth exploring that possibility. *:* RUPERT: In mediation, its always worth exploring all the options. Make the calls. *:* I'll come back. How long do you need? JULIAN: Can you give me * minutes? RUPERT: Absolutely *:* JULIAN: OK *:* JULIAN: Steve, yeah, I'm here in this mediation...um...The mediator's just left *:* and he wants me to look at a...an alternative proposal... *:* [Background music] VOICEOVER: Once the option of a mediated outcome is pushed, the mediator works hard *:* helping to formulate a practical solution and arranges for a meeting between the Minister and Consortium representatives. *:* [Introductions all round] *:* RUPERT: Daniel, although the Minister's actually requested this meeting with Julian on behalf of the Consortium, after some discussions *:* that I've had with Julian they too have a proposal to put to the government. *:* My recommendation is that you listen to Julian's proposal first [agreement] and see what your response is. You're happy to proceed on that basis? *:* DANIEL & LAUREN: Certainly, certainly - Sounds good RUPERT: Julian? JULIAN: Thanks Rupert. Look. The Consortium really wants to get this situation fixed. *:* [Background music] VOICEOVER: The Consortium tells the Minister's representative of the possibility of moving the development but, because of money already *:* spent it is looking for compensation from the government. They also want compensation *:* for labour costs because of the delay in starting the project and for the government to increase *:* its contribution to the project from a third to half. *:* DANIEL: But in relation to compensation the Minister's position is this: firstly, and this...I've just had a quick look *:* at this document JULIAN: Sure some of the expenses you've incurred in relation to this project can be transferred to *:* the new one. For example, design, permits and consultants. There's no doubt it's *:* transferable. So, we would have a...we would be generally acceptable to compensation but it wouldn't be for the amount that you've just mentioned. *:* In relation to the reimbursement of the construction costs, Julian - as you know *:* one-third was very favourable. The Consortium will make a lot of money from this project. And so I can tell you *:* very adamantly from the outset that the Minister, if this proposal gets off the ground will maintain his position in relation to a third reimbursement *:* but will not move to a half. JULIAN: My thinking Daniel, if I can be very frank with you DANIEL: certainly LAUREN: If we can get the compensation amount covered *:* everything else can fall into place. DANIEL: yes but I've got a number of clients I need to keep happy. DANIEL: I understand that, I understand that *:* We have spent a lot of money. I'm not sure whether the planning work, for example, can be transferred. DANIEL: Well that's something I think we can work on. *:* LAUREN: We can negotiate on those sort... [Background music] VOICEOVER: The mediator's reality-testing together with the disclosure of confidential information *:* helps make the situation of the Minister and the Consortium clearer. He has stressed the benefits of a mediated resolution *:* and worked towards a practical outcome. RUPERT: That's great and I think it's very well done. *:* Are we actually in position to now say to the Conservation Foundation "What do you think of the proposal to go to Barramundi Bay?" *:* LAUREN: Absolutely, I think you should put it to them - take it or leave it. RUPERT: Can I just make a recommendation to you in relation to that. *:* LAUREN: Hmm? That's virtually a threat to walk out if they don't accept the proposal. What I would say is there's very little benefit *:* in mediation in making threats. Put your proposal. If they accept it, they accept it. If they don't *:* Then you can say, "Well, I don't know where we can go from here." DANIEL: All right, all right, all right. RUPERT: Threats don't help. But can I just say, is there anything else that you *:* need from them? DANIEL: No, but we'd like to get an indication fairly quickly though Rupert, if they were at least agreeable to the movement, to the moving of the project. *:* RUPERT: Let me put it like that Would you want them to agree not to propose...not to oppose *:* and that no members of their foundation would oppose DANIEL: Certainly the movement. DANIEL: Certainly JULIAN: I think, I think we need *:* to have all the members of the foundation commit. RUPERT: I'll put it to them straight away. DANIEL & LAUREN: Thanks very much Rupert. RUPERT: I won't be long. *:* [Background music] *:* RUPERT: Hi. SOPHIE: Hi Rupert. RUPERT: All right. There is a proposal that's being put forward by the Consortium *:* and the Minister in conjunction. You might need to write this down. *:* VICKI: Yep. RUPERT: Take careful notes because you're going to need to have to think about it. VICKI: Ok. RUPERT: They are prepared to move the development away from Sunset Bay *:* OK? That's a "win" for you. They can move it, *:* not anywhere, but they can move it down the coast to Barramundi Bay. Now Vicki,you're an expert in *:* the environmental issues, in the area. VICKI: Yeah, yeah...I know... RUPERT: Do you know Barramundi Bay? VICKI: I do know Barramundi Bay, yeah RUPERT: Is there some species, the turtles there, is there some colony *:* of some particular protected species that needs to be protected at Barramundi Bay? VICKI: Oh, I think, I think it's a little bit... the position's a look better than what *:* it is at Sunset Bay, Rupert. RUPERT: Alright, so are you able to tell me that you'll accept that? SOPHIE: Can we maybe have five minutes, just to think that through? *:* RUPERT: Absolutely, absolutely. I'll be back in * minutes. VICKI & SOPHIE: Yep. OK. Thanks Rupert. *:* [Background music] VOICEOVER: After deliberating they agree on the condition that: *:* the government commits to the protection of the turtles; an environmental consultant is appointed to oversee the new site; *:* and an undertaking the SCF will not be pursued for costs. *:* RUPERT: Part of What they're asking, of course is that you will agree, the foundation will agree *:* not to oppose the Barramundi Bay development. VICKI: Hmm *:* RUPERT: Are you able to get all your people together and get them to...is that going to be workable? They're going to agree to that? *:* SOPHIE: I think Vicki can... VICKI: With...Yeah, with those conditions, I think that we can make sure that they don't cause *:* any difficulty for the project at Barramundi Bay. SOPHIE: yeah VICKI: But with those conditions, those are important conditions *:* but I'm happy to speak to our members and reassure them...that...that... RUPERT: Fantastic. All right, I'm going to take these conditions back. *:* I don't know that they're gonna, whether they're going to be accepted or not. I can't make any promises but it's really good work. *:* This mediation's heading in the right direction. SOPHIE: All right. Thanks Rupert VICKI: Thanks Rupert. We'll keep our fingers crossed. [Backgound music] *:* VOICEOVER: The mediator has got to a point where he is now helping the parties to finalise the deal while paying attention to the details and *:* ensuring a spirit of give-and-take. The mediator puts the SCF's conditions of acceptance to the Minister *:* and the Consortium. While they readily agree on the costs issue they resist on the other two. *:* DANIEL: "Three" is not a problem >> RUPERT: "Three" is agreed. The protection of the turtles - what's your view in relation to that? *:* LAUREN: I just have a concern that we've got the foundation dictating the Minister's agenda and telling the Minister what to do. Is that... *:* DANIEL: Well I agree with that but the turtles are protected species so *:* in the end the government will be supporting its ongoing protection so I don't think we would have any problem with that condition, Rupert. *:* RUPERT: All right, great, Julian, in relation to this environmental consultant *:* I can say that I'm confident the intention is not, that they're gonna have some kind of *:* right of veto... JULIAN: Well, that's a relief. RUPERT: ...but simply that they want to be abe to be heard and to put forward any suggestions that they have and know the *:* Consortium will listen. JULIAN: Well, I think Rupert my clients can live with that so long as the Conservation Foundation agrees *:* that they will describe - publicly - the new development as an eco-friendly *:* project. If they can do that... RUPERT:... And you'll describe it in the same way... JULIAN: In the same way. *:* But, but they need to give their endorsement to it, if that makes sense. RUPERT: Yes, I understand. *:* JULIAN: OK [Background music] VOICEOVER: The mediator then asks if there is anything else that needs to be considered *:* and the Minister's representatives ask for a joint media statement involving all three parties. This will say the dispute is *:* over and provide details of the new project. The SCF agrees. *:* [Backgound music] The mediator has helped the parties to accept the final resolution *:* and determine the key principles of the settlement. *:* VOICEOVER: After a tense and gruelling day the mediation has now reached the final stage. It is important that all details of the settlement *:* are written down so there is no confusion. During this process, the mediator steps back, helping to clarify issues as they arise *:* and keeping the parties focussed on a resolution. The final formal part of the process *:* is for all parties to sign the terms of the settlement. *:* With the mediator's skills & expertise the parties have resolved their differences and avoided a court hearing. *:* and the consequences of losing the case. Each has gained a significant part of what they wanted *:* a solution that has delivered a result that works for everyone in a way that a judgment of the court could not have. *:* Through the mediation process, what started as an apparently unresolvable dispute has resulted in a workable *:* and successful settlement.