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PUBLIC INTEREST AND ENVIRONMENTAL
DISPUTES
Public Interest Disputes usually engage the community and governmental actors. These disputes often involve the environment, public policy concerns, or the administration of public institutions.
Aubrey has been counsel to the National Farmers' Union in major litigation concerning rail rates; he has acted for the Inuit Tapirisat
in the Polar Gas Pipelines and Baker Lake hearings; he has quashed hospital closings and represented ratepayer interests in municipal
enquiries. He has also received special advanced training in mediation of public
interest and environmental disputes.
A mediated agreement can do more than just stop an objectionable plan. It can result in acceptable modifications; it can be an opportunity to
clarify facts, consult with experts, and explore competing needs. As they are a product of consensus, mediated agreements are
generally more durable than imposed solutions.
Environmental mediations address more than air and water quality. Mediation can settle disputes pertaining to issues such as upstream
rights, release of dangerous substances, and monetary penalties. The resolutions reached in mediation can ensure ongoing supervision to
guarantee compliance and best environmental practices.
It is crucial that the mediator assisting in environmental disputes is aware of the circumstances and concerns of all parties. It is incumbent
upon the mediator to ensure that all interests are properly considered and that all views are fully represented in the process.
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