(Firm 3) Written Assignment Role-Play q4
(Firm 3) Written Assignment Role-Play q4
(Firm 3) Written Assignment Role-Play q4
PREPARED BY:
1. H’NG ZONG XIAN A173304
PREPARED FOR:
DR. NUR KHALIDAH DAHLAN
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Role Play Question 4: Nursing Home
RK Land, a renowned real estate developer plans to build a super smart multistore tower
for anursing home in Seksyen 16 Bandar Baru Bangi. While no one has voiced objections to a
nursing home, the residents are very angry about the kind of building proposed. The zoning
committee has scheduled a formal hearing to decide whether this project should be granted an
exemption from the single-family zoning code that is currently in place. While the zoning
committee tends to favour almost any new construction, members of the committee have
suggested that the developer meet conduct a town hall meeting with representatives of the
neighbourhood. Conduct a mediation session between the chairman of Residential Council of
Seksyen 16 a representative of RK Land.
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MEDIATION SETTLEMENT AGREEMENT
WHEREAS, A dispute, as briefly set out in “Schedule 1”, has arisen between the Parties (“the
Dispute”).
WHEREAS, The Parties have requested the Mediator, herein appointed Mr. H’ng Zong Xian as
‘the Mediator’ to assist the Parties in their attempts to resolve the Dispute.
WHEREAS, Pursuant to Mediation the Parties have agreed to settle the dispute upon terms of
settlement hereinafter contained.
In the consideration of the terms of this agreement, and other valuable consideration, the Parties
agree as follows:
1.1 The Parties are aware that mediation is a procedure for reaching an agreement where
the Mediator facilitates the Parties do so in a cooperative, informed, and agreeable
way.
1.2 It is acknowledged that the Mediator's goal is to assist the Parties in finding the most
beneficial and equitable settlement feasible. The parties recognise that the mediator
must act in the best interests of each party equally, that no party may get
personalised legal advice from the mediator, and that no therapy will be provided
by the mediator throughout the mediation.
2.1 The Mediator is an unbiased third party who does not represent either of the Parties.
The role of the Mediator is to aid the Parties in negotiating a voluntary solution of
their dispute.
2.2 The Mediator does not provide legal advice and has no obligation to assert the
Parties' legal rights. The Mediator is under no legal duty to ensure the enforcement
or legitimacy of any settlement agreement that is struck.
3.1 The parties opt to participate in mediation to resolve their dispute thus the signing
of this Agreement demonstrates that the Parties intend to undertake this mediation
in an honest and truthful way, with the goal of resolving the dispute.
3.2 The Parties acknowledge that they will be attending the mediation meeting and
assume primary duty for addressing the dispute.
4.0 LITIGATION
4.1 Each of the Parties consents not to initiate or continue a lawsuit against the other
Party while engaged in the course of mediation. Prior to the conclusion of the
mediation, the Parties undertake to refrain from proceeding with anticipatory and
confrontational litigation, except for in circumstances of urgency.
5.1 The parties recognise that truthful disclosure of pertinent material is critical to the
mediation process. As a result, the Parties commit to correspond in good faith with
respect to every fact and to provide every relevant record during mediation. In the
event a Party explicitly states the contrary, it is agreed upon that the Mediator may
completely reveal to every Party any information submitted to them or any other
information of which the parties are aware that is relevant to the disputes being
mediated.
5.2 The Parties agree that 5.2 The parties to this agreement understand that discussions
and materials disclosed throughout this mediation will not be divulged to any
individual who does not represent a party to this mediation unless the following
conditions:
6.0 INDEMNITY
6.1 The Partis mutually agree to uphold and safeguard the mediator innocuous from any
liability in the event where the mediator is named as a party in any kind of dispute
resulting from this mediation, subject to undertaking by mediator in a written
manner for the purpose of compensation and reimbursement if mediator is found to
be liable for malpractice. Any violation of this agreement by parties involved in this
mediation must reimburse the mediator for all fees and expenses incurred due to
violation or return the party or parties who advanced such fees and costs to the
mediator.
7.1.3 Allocation of a specific space for car parking within the premises of the
multi-store tower for the convenience of the residents.
7.1.4 Establishing parking rules and regulations to be followed by all visitors and
residents.
7.1.6 Allocation of residents’ card that grants access to the parking facility at a
monthly rate and would be set at a lower rate compared to visitors.
7.2.2 The 2nd Party/Responding Party agreed with the implementation of the
monthly parking payment imposed to the residents as a form to cover the
costs of the parking facility maintenance expenses and to provide a reliable
source of revenue to the 1st party/Requesting Party.
8.0 CONFIDENTIALITY
8.1 The agreement will remain confidential to the Parties. The Parties may not disclose
any communications during the mediation process except in the event of unanimous
agreement by all parties, the law mandates so, or otherwise strictly confidential
communications are essential to lawsuit and complaint lodge against the mediator
resulting from of the mediation.
For and on behalf of the 1st Party, For and on behalf of the 2nd Party,
Representative of RK Land Chairman of Residential Council of
Seksyen 16 Bandar Baru Bangi
SCHEDULE 1
RK Land, the 1st party of this agreement is a well-known real estate developer intends to construct
a super smart multistore tower for a nursing home located in Seksyen 16 Bandar Baru Bangi.
While no one has objected to the nursing home, the residents of Seksyen 16 are very upset about
the type of facility proposed due to concerns like traffic congestion and parking issues. The zoning
committee has scheduled a formal hearing to assess whether this project should be granted an
exemption from the current single-family zoning regulation. While the Zoning Committee
generally supports new construction and has no issue to grant an exemption from the single-zoning
code that is currently in place, members of the committee have advised that the developer have a
town hall meeting with representatives from the neighbourhood. Thus, this dispute has led to a
mediation between the RK Land as the 1st party of this agreement and the Residential Council of
Seksyen 16 as the 2nd party to resolve the issue in an amicable and mutually acceptable manner by
discussing both parties’ concerns which includes traffic congestions and parking issues.
Good morning, everyone and welcome to the Malaysian International Mediation Centre
(MIMC). My name is Zong Xian, the mediator for today’s session. First of all, I am
delighted to congratulate you for choosing mediation in resolving your dispute. This is
in line with Malaysia’s increasing role as anADR friendly jurisdiction.
Since we will be having a mediation session today and we have not met both parties
before, can I ask both parties to introduce yourselves? Can we start with the
Requesting Party (Representative of RK Land)? Alright. What about the
Responding Party (Chairman of Residential Council of Seksyen 16)? Can I have
the Responding Party, please? Thank you.
I have 5 years of mediation practice. I hold a Bachelor’s Degree of Law from UKM and
am an accredited mediator at MIMC and HKIAC. As a mediator, I wish to remind you
that I am neutral, independent, and impartial. In line with the spirit of mediation
practices, I reassure you that this session will remain confidential. Such confidentiality
can only be waived by both parties’ consent, as per the confidentiality agreement that
you have signed prior to this session. In this session, I will play a facilitative role,
whereby I will neither make any recommendations nor provide any opinions.
Mediation is a voluntary process, you are free to leave at any stage of the mediation
if you wish, but I strongly encourage allof you to stay and work through it together. I
pledge to maintain a safe and encouraging communication, which allows all of you to
discuss and voice your positions in a meaningful and productive way. Feel free to
communicate your needs and concerns openly.
With regard to the process, I would like to provide a key brief about it. Firstly, each
party will be given some time to present your respective opening statement.
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FIRM 3 - UUUK4223 PROFESIONAL PRACTICE IIA (NEGOTIATION SKILL
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MEDIATION VIDEO TRANSCRIPT
Thereafter, I will summarise your positions and interests in order to find possible
common ground. We will work out an agenda and I will guide you through the problem
resolution while you discuss your agreements and disagreements. Subsequently, I will
assist you in laying out possible options for you to consider based on the discussion.
If any party requires, I will be more than happy to conduct a private caucus to assist
in determining further interest and/or discussing possible solutions. Finally, we will
reach an agreement and the outcomes will be recorded. If you want to conclude a
binding contract, you may approach your lawyers for drafting purposes. Once an
agreement is reached, I will give myclosing speech at the end of the mediation session.
Throughout the session, I may chime in with several questions to facilitate the
conversation. I hope that it will assist you in finding common ground and arriving at a
mutually agreeable conclusion. Before we begin, can I confirm if both parties have at
least 1 hour for this session? That’s great!
Is there any further question? If there is none, I ask that only one person speaks at a
time. If there is anything you would like to say while the other party is talking, I request
you make notes on paper if you want to bring it up later. Please do not interrupt while
another is talking unless urgent.
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FIRM 3 - UUUK4223 PROFESIONAL PRACTICE IIA (NEGOTIATION SKILL
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MEDIATION VIDEO TRANSCRIPT
MEDIATION
OPENING STATEMENT
Mediator Good morning, everyone and welcome to the Malaysian
International Mediation Centre (MIMC). My name is Zong Xian,
the mediator for today’s session. First of all, I am delighted to
congratulate you for choosing mediation in resolving your
dispute. This is in line with Malaysia’s increasing role as anADR
friendly jurisdiction.
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FIRM 3 - UUUK4223 PROFESIONAL PRACTICE IIA (NEGOTIATION SKILL
& ADR) 2023
MEDIATION VIDEO TRANSCRIPT
Is there any further question? If there is none, I ask that only one
person speaks at a time. If there is anything you would like to say
while the other party is talking, I request you make notes on paper
if you want to bring it up later. Please do not interrupt while
another is talking unless urgent.
Representative Thank you, Mr Mediator you may also address me as Ela to ease
of RK Land the communication throughout the session. Before we begin, I
think it is essential for me to provide an overview ofwhat we
have done up to this point so that those present in this session
can better grasp the goal of the current project, which has
unfortunately led them to believe it is a major problem.
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FIRM 3 - UUUK4223 PROFESIONAL PRACTICE IIA (NEGOTIATION SKILL
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MEDIATION VIDEO TRANSCRIPT
Mediator Thank you, Miss Ela. The floor is yours now, Miss Anis.
Chairman of Greetings again everyone, I would like to thank Ms. Ela and the
Residential mediator for inviting us in today's mediation.
Council of
Seksyen 16 I appreciate your perspective, Miss Ela for providing an overview
of RK Land and the goals of the project. It's clear that your
company has a strong track record in developing prestigious
projects. And now I would like to bring up our side of the story as
the representative of the residents of Seksyen 16. It's important
to clarify that our concerns are not against the concept of a
nursing home. We recognize the significance of such facilities,
especially in an aging nation like ours. However, we need to
ensure that the project is executed in a way that minimizes any
potential negative impact on the neighbourhood, such as traffic
congestion and parking issues.
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FIRM 3 - UUUK4223 PROFESIONAL PRACTICE IIA (NEGOTIATION SKILL
& ADR) 2023
MEDIATION VIDEO TRANSCRIPT
The only way we could solve this issue is through enforcing extra
RELAs on duty in order to monitor the vehicles movement
especially in the routes that are prone to traffic congestion. Prior
to this project, we even had a discussion on the possible hotspots
around the current developing area that is expected to be
congested. We believe that additional patrolling service of RELA
will help control the vehicle movement during peak hours, or
during special events that were to take place in the tower in the
far future. In addition to this, we were actually planning to
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Mediator Thank you, Miss Ela. Miss Anis, what can you offer to resolve
this dispute?
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FIRM 3 - UUUK4223 PROFESIONAL PRACTICE IIA (NEGOTIATION SKILL
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MEDIATION VIDEO TRANSCRIPT
Mediator Alright, thank you. Now, based on what both parties have put
forward, I can conclude that both parties are agreeable to the
hiring of RELAs, designated parking area for visitors,
installation of CCTVs. However, there is one suggestion that
both parties are having some differences. The Requesting Party
intends to offer a designated parking area nearby and within the
tower and in contrary, the Responding Party declines
commercialised parking slots.
Perhaps both parties would want to justify the reasons why you
hold on to this difference? May I request the Requesting Party?
Representative Miss Anis suggested earlier that the residents preferred a parking
of RK Land space in a close proximity to ease their movement and also to
curb the issue of illegal parking. Well the initial idea was to have
a space beside the tower which could only accommodate 200-
250 cars. however, now we are on the preposition to include the
parking space in the tower itself wherewe have now segregated
4 floors which will only be using for car parking. We believe that
instead of extending space just for the parking slots, elevated car
parks in the tower, will help spread the footfall of the tower to
different levels. We do understand that visitors to the tower only
prefer an accessible parking slots with minimum difficulty of
moving around, but including parking slots inside the building not
only limit parking issues nearby the road but also enhance a
sustainable parking environment. In addition to this, including car
parks in the tower considered to be a premium option for the
drivers that opt for valet service. As suggested by Miss Anis just
now, erecting newspace just for the parking slots seems not a
conventional way to reduce the parking issue as it might cost
extra than the capitalised amount for the project. So this the only
thing we could do to constraint the issue of illegal parking.
Mediator Great! Looks like the Requesting Party is making a genuine effort
to meet some of your demands, Miss Anis. What is your take?
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Chairman of The disagreement regarding the parking fee arises from differing
Residential perspectives and priorities.
Council of
Seksyen 16 On one hand, the residents are concerned about the potential
financial burden of having to pay for parking within their own
residential area. They argue that parking should be a
complimentary amenity provided to them as part of their
residency, and that charging a fee would be an additional
expense they did not anticipate or agree upon when choosing to
live in the community. They believe that as residents, they should
have preferential treatment and be exempt from parking fees.
Having the full floor plan will allow us to better evaluate the
proposed parking space and ensure that it aligns with the needs
of the residents. We value transparency and open
communication throughout this process.
Representative My apologies first Miss Anis, as I stated earlier we have made too
of RK Land much of changes in our plan from the initial idea on this current
project in order to assure that we meet the needs of the residence
of this area. However, it seems that not charging fees for the
parking is not a viable idea.
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FIRM 3 - UUUK4223 PROFESIONAL PRACTICE IIA (NEGOTIATION SKILL
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MEDIATION VIDEO TRANSCRIPT
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FIRM 3 - UUUK4223 PROFESIONAL PRACTICE IIA (NEGOTIATION SKILL
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MEDIATION VIDEO TRANSCRIPT
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