MEDIATION PROCESS

LANDLORD-TENANT

Mediator: Hello and a very good morning to both of you. Welcome to this mediation process
and thank you for your anticipation and for your time. I’m your mediator for
today. My name is Nur Sabrina, I graduated from University of Pennsylvania. I
have a big passion in mediating process as I really love to see how people come
into an agreement, this warms my heart so much. I hope both of you could come
into a solution by the end of the session too. So, how would each of you like to be
addressed?

Tenant: You can call me Anis, or Nisnis or whatever but I prefer to be called Mun.

Landlord:

Mediator: Do both of you have a limit of time for our mediation process?

Tenant: Yea, whatever it takes. You can have me all day if you want?

Landlord:

Mediator: First of all, I will explain to you what is mediation and the role of mediator so that
both of you would have the overview of it. Mediation is a process of solving a
dispute between parties by a third party which is the mediator. A mediator’s sole
function is to act as a neutral person who facilitates your conversation. I can assist
parties in arriving at their own solutions. I will not provide legal advice, I will not
take sides during this session and have no power to force a decision on you or
decide how this matter should be settled. I will keep all that I hear in this
mediation confidential and will not share any of it with anyone. I also request you
keep what is discussed confidential as well. Shall we begin our discussion now?

Landlord:

Tenant: Alright, please proceed.

Mediator: But before that, I shall inform both of you that we are in this session called a Joint
session and will remain in this session unless there are circumstances that would
lead to a Caucus or which is also known as a private meeting. This will encourage
the parties to give options in solving the dispute and if necessary, help the party to
assess his own options in terms of acceptability by other party. And you might
also see I take notes about what you’re discussing but I will destroy it after we
finish this session. So, what do we have here? Miss Dacia, do you mind
explaining to Miss Mun why are we here?

Landlord:

Tenant:

Mediator: Miss Mun, I just have a question. Is it possible for you and Miss Dacia to make an
agreement on how these payments would be settled?

Tenant:

Landlord:

Mediator: By seeing the situation now, I think we shall proceed to the caucus session. Miss
Mun, could you please leave the room now so I can have the caucus session with
Miss Dacia first and later, I’ll come back to you and have a caucus session with
you. Are you okay with that?

Landlord:

Mediator: I heard what you’re saying. But what if he really doesn’t have the money? Like
really have no money at all?

Landlord:

Mediator: I hope you do realize that we have to make an agreement before this session ends.
Is there any way you can make agreement with him? Is there any way that you
can work with her? Because you are well-informed she doesn’t have a constant
 payment on her job and she really doesn’t have money. What can you do about
that?

Landlord:

Mediator: Now that I heard from your side, I would like to ask you to step out so I can I
have a caucus session with the other party, which is Miss Mun. And I just want to
inform you that I am not going to tell her anything that we have discussed here,
I’ll keep it as a secret. It’s you who have to tell her all of these during our next
session. Okay?

Mediator: Miss Mun, can you please come in? So I had a caucus session with Miss Dacia
and I would like to hear from your side.

Tenant:

Mediator: So, what do you think would be fair?

Tenant:

Mediator: Like she was saying in our discussion before, she’s running the business by
hvaing you as her tenant and such. If she insists on you paying the rent, what can
you offer to her? Just imagine yourself in her place, would it be acceptable and
fair to have a tenant who’s not willing to pay her own rent and not to offer
anything?

Tenant:

Mediator: So, what would you like to propose so that it would be fair to you, fair to her, by
doing something you can actually do? Are you getting an employment or
anything?

Tenant:

Mediator: You said that you’re not going to move out from the house no matter what it
takes. What could you offer her so we can put it into contract and you will have a
place to live until you get your job?
Tenant:

Mediator: When she comes in later, I hope you will tell her your suggestion on this matter.
And when can you pay all of these? When is the soonest you can give her
anything?

Tenant:

Mediator: So, I’m going to call her to come back in and she shall say her suggestions to you
and you should also the same. Can you please do that?

Mediator: I had a chance to talk to both of you and like I said before, it’s up to you to make
an agreement with each other. Shall we start with Miss Dacia?

Landlord:

Tenant:

Mediator: And what about you Miss Mun, what could you offer to her?

Tenant:

Landlord:

Mediator: So, what Miss Dacia suggesting is, Miss Mun should pay the rent before the end
of November and would also cut the double fees if Miss Mun pays on time. Miss
Dacia also suggested that Miss Mun should stop having training in the house. And
Miss Mun suggests that the payment should be done at the end of December and
would pay the double fees if you failed to pay so. The training should also be
done only on certain days because that’s her only income. Am I right? Are both of
you okay with that?

Landlord:

Tenant:
Mediator: But Miss Mun, I would like to remind you again that if you failed to pay the rent
by the end of December, you do aware of the consequences of paying the double
fees, right?

Tenant:

Mediator: And for you Miss Dacia, I hope you are aware that you have agreed to the
suggestions made. Therefore, you should wait until the end of the December for
the payment to be settled by Miss Mun before you can take any actions against
her.

Landlord:

Mediator: So, that’s it. I would like to thank both of you for your anticipation in this session,
for making time despite your busy schedules and for working together very well. I
really appreciate your effort, thank you so much. I will write up an agreement and
I need both of you to sign in later. To both of you, please have a good day ahead.