(Firm 3) Written Assignment Role-Play q4

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UUUK4223 PROFESSIONAL PRACTICE IIA

(NEGOTIATION SKILLS & ADR)

FIRM 3: TETUAN FARIDAH SHAHNAZ

PREPARED BY:
1. H’NG ZONG XIAN A173304

2. NUR AMIRA BATRISYIA BINTI MOHAMAD RAFI A174439

3. NUR BATRISYIA HANNANI BINTI ABD.RAHMAN A174074

4. ANIS QISTINA BINTI ABDUL MALEK A173301

5. ELAVARASI A/P MANOKARAN A173627

PREPARED FOR:
DR. NUR KHALIDAH DAHLAN

ROLE-PLAY VIDEO LINK:


HTTPS://WWW.YOUTUBE.COM/WATCH?V=-YGLMGCADCS
TABLE OF CONTENTS

NO. ITEMS PAGES

1.0 LINK FOR MEDIATION VIDEO 1

2.0 ROLE- PLAY QUESTION 4 3

3.0 MEDIATION SETTLEMENT AGREEMENT 4

4.0 APPENDIX I – SCHEDULE 1 8

5.0 MEDIATOR OPENING STATEMENT 9

6.0 MEDIATION VIDEO TRANSCRIPT 11

2
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.

3
MEDIATION SETTLEMENT AGREEMENT

This Mediation Agreement (“Agreement”) is made effective as of 1st July 2023;

BETWEEN: RK LAND, (hereinafter called the 1st Party/Requesting Party), a real


estate developer, with its head office located at:

A-0, RK Land, 1, Jalan Ave 1A, Bandar Kajang, 43000 Kajang,


Selangor.

AND: Residential Council of Seksyen 16 Bandar Baru Bangi,


(hereinafter called the 2nd Party/Responding Party), with its head
office located at:

Jalan 16/2, Seksyen 16, 43650, Bandar Baru Bangi, Selangor.

MEDIATOR: Mr. H’ng Zong Xian

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:

1.0 APPOINTMENT OF MEDIATOR

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.

Mediation Agreement Page 1 of 5


2.0 DUTY AND RESPONSIBILITIES OF THE MEDITATOR

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.

3.0 DUTY AND RESPONSIBILITIES OF THE PARTIES

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.

5.0 DISCLOSURE OF INFORMATION

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:

5.2.1 the individual signed this Agreement;

5.2.2 the data is publicly available; or

5.2.3 the individual to which the material is supplied is a legal or financial


counsel who represents the Parties.

Mediation Agreement Page 2 of 5


5.3 The Parties concur that any correspondence or records discussed in this mediation
that are not otherwise visible will be divulged with no prejudicial views and are not
going to be utilised in discovery, cross examination, at trial, or in any other manner
in this or any other proceeding.

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.

7.0 AGREED SETTLEMENT BETWEEN PARTIES

7.1 Consideration by the 1st party/Requesting Party:

7.1.1 Enforcing additional patrolling service of RELAs on duty to monitor the


vehicles movement especially in the routes that are prone to traffic
congestion.

7.1.2 Providing exclusive patrolling unit under the RK Development to control


the traffic flow and the potential disruptions specifically during the events
that were to take place in the facility area.

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.

7.1.5 Installation of cameras in strategic locations around the development area


to deter illegal parking and identify any violations that may occur.

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.

7.1.7 Implementation of a parking ticket machine or Touch 'n Go system to


facilitate the residents’ parking needs to ensure a fair and convenient
payment process for visitors thus allowing them to use the parking facility
without any complications.

7.2 Consideration by the 2nd Party/Responding Party:

Mediation Agreement Page 3 of 5


7.2.1 The project proposed by 1st party/Requesting Party which is the
construction of a super smart multistore tower for a nursing home in
Seksyen 16 Bandar Baru Bangi is to be granted an exemption from the
current single-family zoning regulation upon the considerations executed
by 1st party/Requesting Party as stated in 8.1.

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.

7.2.3 In order to promote transparency and open communication, the 2nd


Party/Responding Party will evaluate the proposed parking space as agreed
by both Parties to ensure that it aligns with the needs of the residents.

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.

DATED THIS …………1st…………………. DAY OF……JULY ....................... 2023….

Ela Anis Qistina


……………………………….…… ………………………………………….

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

Name: Elavarasi A/P Manokaran Name:Anis Qistina binti Abdul Malek


NRIC No.: 870807-01-9989 NRIC No.: 830701-10-1234
Date: 01/07/2023 Date: 01/07/2023

Mediation Agreement Page 4 of 5


APPENDIX I

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.

Mediation Agreement Page 5 of 5


FIRM 3 - UUUK4223 PROFESIONAL PRACTICE IIA (NEGOTIATION SKILL
& ADR) 2023
MEDIATION VIDEO TRANSCRIPT

MEDIATOR OPENING STATEMENT

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.

Miss Anis and Miss Ela,

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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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.

I now invite Miss Ela to begin.

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FIRM 3 - UUUK4223 PROFESIONAL PRACTICE IIA (NEGOTIATION SKILL
& ADR) 2023
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.

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.

Miss Anis and Miss Ela,

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 all
of 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. 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

11
FIRM 3 - UUUK4223 PROFESIONAL PRACTICE IIA (NEGOTIATION SKILL
& ADR) 2023
MEDIATION VIDEO TRANSCRIPT

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 my closing 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.

I now invite Miss Ela to begin.

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.

For your information I'm the current Managing Director of RK


Land, a well-known premier lifestyle real estate developing
authority in our country. Well, I believe you have heard about
the prestigious project we have done for many reputable clients
across Malaysia and many foreigners. Basically, we areinvolved
in many high-end infrastructure and construction projects
throughout Malaysia.

With Malaysia set to become an ageing nation in the coming


decade, demand for senior-friendly properties is expected to
increase. This will have implications on the way property
developers design and plan their projects to cater for the growing
silver-haired population. Thus to allow senior people to age in
their place, we devised an outstanding idea to develop this
supersmart multistore tower for the nursing home in Bangi.
However, we were actually saddened to receive a huge amount
of dissent from the residents of the respective place.

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MEDIATION VIDEO TRANSCRIPT

Hmmm…well, I think I do need some time to clarify my point more


on this. But as it was just the beginning of the session, I would
like to know their reason for disagreeing with such a project.

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.

Regarding the multistore tower project, one of our concerns is the


potential increase in traffic it may bring to the area. With a facility
capable of accommodating a large number of elderly residents,
it's expected that there will be a constant flow of vehicles entering
and exiting the premises. This could lead to congestion on the
surrounding roads, causing inconvenience forthe residents of the
neighbourhood. Traffic congestion is alreadya significant issue in
our area, and the addition of a multistore tower, specifically for a
nursing home, could worsen the situation. It is essential to
consider the impact on the overall traffic flow and the potential
disruptions it may cause for us, the existing residents.

Another concern we have is the potential problem of illegal


parking. When visitors come to the building, there is a possibility
that they may park their vehicles in unauthorised areas,
obstructing the roads and causing further traffic issues. This not
only creates inconvenience for us as residents but also poses
safety risks and limits accessibility for emergency services if
needed. I'd like to add that the issue of illegal parking can lead
to a lack of available parking spaces for the residents
themselves. If visitors consistently park illegally or take up the
limited parking spots, it will become increasingly challenging for
us to find parking near our own homes.

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FIRM 3 - UUUK4223 PROFESIONAL PRACTICE IIA (NEGOTIATION SKILL
& ADR) 2023
MEDIATION VIDEO TRANSCRIPT

DISCUSSIONS / ISSUES / SOLUTIONS


Mediator Thank you for the clarification from each party. From the opening
statement of the Requesting Party, I observed that they wish to
discuss the possibility of erecting a super smart multistore tower
for a nursing home in Seksyen 16 Bandar Baru Bangi. The
Zoning Committee has no issue with granting an exemption from
the single-family zoning code that is currently in place. However,
I understand that the Responding Party has their concerns,
namely traffic congestions and parking issues.

After hearing from both parties, let us explore some possible


ways to resolve the issues amicably. May I hear from the
Requesting Party? You may further elaborate the issue and your
stance if you wish, otherwise, you may proceed with your
suggestions.

Representative As an acclaimed real estate developer in this country our only


of RK Land motive is to develop this multi store with more senior friendly
features which is more convenient for the people in the nursing
home. This project is mainly targeted towards the senior citizens
that live independently and take care of themselves. Thus, the
multi store basically consisted of shops for basic needs, some
local and foreign outlets, medical shops with basic medical
facilities and also some reserved space for their daily chores
which is more practical and pleasing for the senior citizens.

I do understand that the people scattered around the area of


Bangi are not really happy with the project as it is a high end
project which may create too much discomfort to the people
around. As addressed by Miss Anis just now, the new
development project will definitely worsen the unbearable traffic
jam. However, Bangi is already notorious for its never ending
traffic issues.Therefore, I do not believe that bringing up the
already existing traffic congestion issue would make this project
a major source of discomfort for the public. At the same time I
also would like to make a small reminder that the option of
retracting the entire project is implausible.

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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have our own patrolling unit under the RK Development instead


of reaching out to outsiders or a special unit from the government
to monitor this traffic issue.

Secondly, Ms Anis also highlighted the concern regarding


potential illegal parking issues that may arise as a result of the
project. Our plan includes allocating a specific space for car
parking within the premises of the multi-store tower. We have
established parking rules and regulations that must be followed
by all visitors and residents. To further enhance the monitoring
and enforcement of these regulations, we are considering the
installation of cameras in strategic locations around the
development area. This will not only deter illegal parking but also
aid in identifying and addressing any violations that may occur.

Mediator Thank you, Miss Ela. Miss Anis, what can you offer to resolve
this dispute?

Chairman of One more proposed solution to address the potential traffic


Residential congestion and parking issues is to erect a car parking building
Council of nearby.
Seksyen 16
By constructing a dedicated car parking building in close
proximity to the multistore tower, it would provide additional
parking spaces for visitors, ensuring that they have designated
areas to park their vehicles without causing disruption to the
surrounding roads. Perhaps this solution may alleviate the strain
on the existing parking availability and reduce the likelihood of
illegal parking.

Implementing a car parking building not only provides a practical


solution but also helps in better organizing the flow of traffic in the
area. Rationally, it allows for better management of parking
spaces and improves accessibility for emergency services,
ensuring the safety and convenience of both residents and
visitors.

If RK Land would like to introduce the parking payment however,


it's important to note that there may be a disagreement among
the residents. Some residents might feel that implementing
parking fees could pose a burden and inconvenience for both
visitors and residents alike. They believe that parking should be
provided as a complementary service, considering that the
multistore tower project aims to provide senior-friendly care and
facilities.

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FIRM 3 - UUUK4223 PROFESIONAL PRACTICE IIA (NEGOTIATION SKILL
& ADR) 2023
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.

And I think we have promised to implement far more than any


other developers could ever do for the convenience of the
residents. And i found that Miss Anis was also saying about the
concern of residents on parking fees. Well she said that it is
actually imposing unfair financial burden on the visitors and also
the residents. I would like to know in what way the fees imposing
are burdening them as it is seem to be a standardidezed practise
in many places.

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.

We understand that erecting a new parking space might incur


additional costs beyond the initial budget set for the tower
construction. However, we would like to emphasize the
importance of ensuring adequate parking provisions for the
residents and visitors. We trust in RK Land's expertise and
request that they take the lead in determining the most
harmonious and efficient approach to designing and
implementing the parking spaces.

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.

We do really understand that nobody wants to stand in a long


queues and wasting their infinite time on paying for that parking.
Thus, we could arrange a parking payment machine which
enable the motorists to pay the fee quickly via their TnG or maybe
through their debit card. To enhance the effectiveness of cashless
payment we are actually planning on installing parking kiosk as
well. At the same time, it is a cost-effective option thatis durable
and secure and offers a user-friendly interface, ensuring that the
instructions can be understood easily.

Obviously, our main objective is not to charge expensive fee for


the visitors but to offer a secure place for parking with an
affordable amount. Therefore we suggest that, installing the
parking fee machine and a kiosk payment is the best we can do.

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& ADR) 2023
MEDIATION VIDEO TRANSCRIPT

However, we are disaccord with the suggestion given by Miss


Anis on not charging any fees. I hope that the other party also
understand our situation as an developer and also the duty we
held to offer them a secured place for parking.

Chairman of Building upon the discussion, there is an additional point to


Residential consider regarding parking arrangements. I would like to propose
Council of that residents be provided with a residents card that grants them
Seksyen 16 access to the parking facility at a monthly rate, which would be
set at a lower rate compared to visitors. This would allow
residents to have convenient and affordable parking options
within the vicinity.

For visitors, we suggested RK Land provided a parking ticket


machine or Touch 'n Go system be implemented to facilitate their
parking needs. This would ensure a fair and convenient payment
process for visitors, allowing them to use the parking facility
without any complications.

By implementing these measures, it aims to strike a balance


between the concerns raised by the residents and thepracticality
of managing parking within the area. The residents would have a
dedicated access method at a discounted rate, while visitors
would have a straightforward payment system in place. From the
developer's perspective, the implementation of a monthly parking
payment by the residents can provide a reliable source of
revenue. It helps cover the costs of maintaining and managing
the parking facility.

Representative Alright. I agree.


of RK Land
Mediator Excellent! It appears to me that we have common solutions here
to the issue, with the Requesting Party offering to hire RELAs,
designate and erect parking areas for visitors, install CCTVs
as well as to allow residents be provided with a residents
card that grants them access to the parking facility at a
monthly rate, which would be set at a lower ratecompared to
visitors. The Responding Party offering to accept the project
without further objection. All these have been accepted by both
parties.

Since we have come to an agreement, I will put it into record and


may I confirm how both parties would like to execute this
agreement? Would it be fine if this is to be reduced into a written
agreement?

18
FIRM 3 - UUUK4223 PROFESIONAL PRACTICE IIA (NEGOTIATION SKILL
& ADR) 2023
MEDIATION VIDEO TRANSCRIPT

Representative Yes, I would prefer it to be in writing.


of RK Land
Chairman of I agree.
Residential
Council of
Seksyen 16
Mediator Great! It is my duty to remind you that once the agreement is
signed by both of you, it will have binding effect and the defaulting
party will face a penalty therein.

Once again, thank you for your cooperation throughout the


session for which without each of you, this session would not be
a success. I wish you the best of luck and have a good day.

Representative Alright, thank you!


of RK Land
Chairman of Understood. Thank you.
Residential
Council of
Seksyen 16

19

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