Question: ( 3 3 marks ) Read the fictitious scenario below and answer the questions that follow:Green Valley is a pristine and ecologically rich area on
marksRead the fictitious scenario below and answer the questions that follow:Green Valley is a pristine and ecologically rich area on the outskirts of a bustling city.A big property development company, "UrbanCorp Pty Ltd has ambitious plans to build a sprawling residential complex, shopping centers, and entertainment facilities in Green Valley. UrbanCorp Pty Ltd has considerable financial resources and political connections. They have successfully lobbied government officials, highlighting the development's potential job creation and economic benefits.The South African government sees it as an opportunity for urban expansion and economic growth. The government, driven by economic interests and the promise of increased tax revenue, strongly supports UrbanCorp's development plans. As the government controls zoning and permits, it can fasttrack approvals for the project.However, a small conservation called "Green Guardians" is vehemently opposed to the development because the development will lead to a loss of protected areas and cause irreversible damage to the indigenous fauna and flora. While passionate and knowledgeable about environmental conservation, they lack the financial backing and political leverage that UrbanCorp Pty Ltd possesses. They rely on volunteers and limited donations to fund their efforts. The Green Guardians argue that therehave been inadequate environmental impact assessments and violations of conservation laws.The community becomes divided, with some residents favouring the development for promised economic benefits, such as employment opportunities. In contrast, others side with the Green Guardians, valuing the preservation of their naturalsurroundings.Required With reference to the facts above, consider the power dynamics between the parties, and advise Green Guardians on whether mediation is the most appropriate alternative dispute resolution mechanism. marks Assume that the parties agree to proceed with mediation to resolve the dispute.Advise the parties on the appointment of an appropriate mediator. marks A retired judge registered as a mediator with the Law Society of South Africa is appointed to deal with the dispute between the Green Guardians, UrbanCorp Pty Ltd and the government.Required:Explain the role of the mediator in empowering the Green Guardians during the mediation process in light of the significant power imbalance between the parties. marks During the mediation process, UrbanCorp Pty Ltd proposes a compromise where they promise to set aside a small portion of the land for a park and nature reserve.While this appears to be a concession, it still falls short of the Green Guardians' vision for comprehensive conservation.RequiredExplain the role of the mediator in imposing pressure to settle. marks It becomes apparent to the mediator that the discrepancy in power between the parties would result in an enforced agreement. The mediator, therefore, decides to terminate the mediation. Following the mediation process, the Minister of Forestry, Fisheries, and Environment grants UrbanCorp Pty Ltd all the environmental authorisations to proceed with the development in Green Valley. The Green Guardians want to review the decision made by the Minister, arguing that there have been inadequate environmental impact assessments and violations of conservation laws.Required:Advise the Green Guardians whether they can review the administrative decision. marksV
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