Mediation Script Roleplay 3 PDF

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ROLEPLAY MEDIATON OHYEAH!

Mediator:

Welcome to the mediation. My name is Rasrina, do call me Ras. What would you like to be addressed? Please let me brief both of you on mediation. You might be aware that mediation has a high success rate, about 80%. It’s a voluntary process, you are free to leave at any stage of the mediation, but I’m encouraging you to stay and work through it together. I can also terminate the mediation at any time, and neither of us needs to give reasons for doing so. It is confidential, unless law requires otherwise. I’m bound confidentially, and all the substance is confidential. If disputes remain unsettled, taking this matter to court would not be able for you guys to call me as a witness. Is there any question on this? My role as a mediator is not to establish facts or take decides who is wrong or right. I try to be neutral and impartial. If either of you feels at any stage I’m not, please let me know. Regarding the process, is first to ask each of you what’ve brought you here. How you see the situation and how you’ve been affected by it. I’ll be taking notes to understand more on the situation. At some stage, I will have a confidential session with each of you. When we get again to joint session, we should be moving towards an agreement. If it’s possible, an agreement will be outreach at the end of this session. And please respect the other parties when she’s talking. Jot down notes if you want to bring it up later. Shall we start? Okay Syumi let me begin you and find out from you what it is that brought you here today.

Syumi:

She is my tenant that is great I didn’t want to have a tenant mm-hmm. My daughter made me rent the little apartment, I didn’t want to do it. I thought I was renting to one person. Every weekend this guy whose what his name, JOHN~ shows up on a motorcycle ( VROOOOOM VROOOM NOISE). He parks it on the grass, he parks in the neighbours are complaining they noise. She makes noise at night that both of them argue sometimes they laugh their music it throbs your throbs in my head ( BOOM BOOM). I don’t know why they can’t play good music, it drives me crazy. I can’t, my neighbours are complaining they don’t like noise. I have a good neighbourhood, it’s not something light. I take this seriously, I tried to treat my neighbours right. We have living together, but listen this is aggravating me and if something got to change. Or I’m going to court something got to change.

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Mediator:

So let me see I got district Syumi your concern is that is that you feel like you have two tenants rather than one? Which was, Yes, her friend, John comes every weekend and the noise seems to be an issue for you and the music and the motorcycle. I think I have got the issues to your problem. Thank you Syumi. Sally, would you like to tell me what the issues that seems to bother you are?

Sally:

The complain about my boyfriend coming all the time, she never told me that I cannot have him to come over and about the motorcycle, what am I supposed to do with that? It is her home, I respect that, and I told her, we are not going to have a game. I don’t know what am I supposed to do. You know, I have to work to pay my rent and now I am here going through this process and I cannot even be at work right now.

Mediator:

Was there any other?

Sally:

I don’t know, I just, what do you want me to do?

Syumi:

Okay, wait! You utilise water and electricity like it is free. You take shower 10 times a day, I don’t know what you do up there. It’s not free you know! It costs me money. It is more than your rent.

Mediator:

I want to come in here for a moment, it seems to me as if you are adding another issue. We had identified that the noise is an important issue and then the motorcycle, where it was park was an important issue. And now you are also talking about the water and electricity usage.

Sally:

Oh okay, well I know she do tell me about the water before.

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SYU SUDDENLY FEEL IRRITABLE AND LET OUT A KNIFE SAYING SHE’S ANNOYED WITH SALLY’S ATTITUDE- (KAU INGAT AIR TU FREE KA CMON PEOPLE THE LIVING COST IS HIGH HERE) Ras calms everyone up and started the conversation back.

Mediator:

I’m glad you have mention about that and I have added the usage of water and electricity to the list of things to speak. I would like to have a private session with Sally privately if you would make yourself comfortable outside Syumi.

… Mediator:

I understand from what you have said that you don’t feel that your boyfriend visiting or the act that you played music in the evening should be a matter of concern. You also indicated that there was some legal issue for you but what is that? 2

Sally:

Yeah you know about the whole things. First of all I just cannot even believe I am in this mess. I like to stay I don’t know if that possible at this point, I mean we are not really getting along. She is really pressing me saying that she is going to evict me. I mean what I am going to do if she evicts me, she is backing me into a corner. I can get triple damages if this matter brought to court, because she didn’t take my security deposits in the escrow account. She doesn’t do her obligation as a landlord, so if she going to say she wants to evicts me then I will go and tell her we are going to court and she is going to pay me triple.

Mediator:

Uhmhmmmmm

Sally:

I am not messing around anymore. I thought it is a good place to stay but she just doesn’t really, you know she just doesn’t hear right sometimes maybe it is a hearing issue? Something is different than when I first move in.

Mediator:

All of this issue have kind of piled up over time.

Sally:

I like doing the dishes you know, I don’t want to bother to use the dishwasher, but she doesn’t have to just go and dump in that. I didn’t even really know about that like she would say it to me sometimes. How much water did you used, who pays attention to that For God’s sake. How do you even know?

Mediator:

But, your preference tells me that if I am understanding this right, is you want to stay inside the apartment because you do like it but without being concerned that your landlord is unhappy with your tenancy. Is that right?

Sally:

Indeed. It is true. It is a really a comfortable apartment for a living and I mean she is not the worse landlord in the world, right? Besides she reminds me of my late mum, who died in an accident 13 years ago. Her nurture and the home, her caring family, gives me a sense of belonging.

Mediator:

When the three of us get back together again, would you like me to share with Syumi the facts that you really like the apartment and you would like to figure out a way that would be possible for you to stay there?

Sally:

Yes, if it is possible, I would love to.

Mediator:

Thank you very much. I am going to ask you to leave now and wait outside so I can have a private conversation with Syumi.

….. Sally:

Sure. Thank you.

….. Syumi:

I don’t like having a stranger in my house at first. My daughter said I should have someone there. They say sometimes I need a caretaker, I do not need a caretaker, although I forget where do I put things sometimes, and maybe 3

need assistance to do chores or housekeeping which is Sally is really capable of doing that. Thus, they said that I need someone in the apartment and gain some rental money from it. But the money does not worth it lately! She is, well you know, when you are getting older, you cannot have what you want anymore. People seldom tell you what to do, and I didn’t expect this! I don’t want to have a stranger in my house, whom makes me uneasy, which is John. Mediator:

Let me see if I got what is it that you’re feeling about this, Syumi. You were initially reluctant to rent out that apartment, but when you met Sally, you thought she seems like a good girl, and then you thought she would be a good tenant. Over time, your concerns have gone about the noise, the presence of an uninvited guest, much more frequently than what you have imagined, and that all adds up to your uneasiness as a landlord, and a woman who needs her own peaceful time.

Syumi:

I didn’t accept. I thought she should have her own life. But that was a mistake. It is not good to have a stranger but if I am going to have a stranger, I would just wanted her to offer a little respect to me as elderly. As you grow older, people will just command you what to do and what’s not.

Mediator:

Oh good! Could you tell me what would be the evidence of Sally respecting you?

Syumi:

She stays up late and makes noise. All right, so you know, with this man, they was ignorant of other people’s feeling. I am an old woman you know. I need my rest!

Mediator:

Is there any specific time that you would want to request for them to minimize their loudness?

Syumi:

09.00 to 09.30 p.m will be a good time to slow down things up.

Mediator:

Is there any other things that you would like Sally to do that would make you feel respected as a landlord?

Syumi:

Sally’s boyfriend, John, shouldn’t be there every weekend. I didn’t rent my apartment to him.

Mediator:

Alright. So, you would like John to be there less frequently than before?

Syumi:

Please do. I would really appreciate that. As time passes by, I am used to have her as my tenant, even sometimes she cares me a lot more than other person in my family. She’s a family, but her sick attitude is worsening and this need to be done to teach her a lesson. Ahhh kids these days (*while rubbing your head as if you’re having headache)

Mediator:

Thank you, Syumi. Sally you may come in here.

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Fascilitating negotiation and mediation agreement (Stage 6 & 7) Mediator :

Alright Syumi and Sally. I’ll start with Syumi first.

Syumi :

I would like to settle this problem if you agree to turn down the noise after 9.pm every night.

Sally :

Yeah, I agree with that. I’ll make sure I won’t make any loud noise after 9 pm.

Syumi :

Other than that, would you agree if John will come only on alternate weekends and he should park his motorcycle that would not interfere the neighbourhood area.

Sally :

Alright, I agree with that and tell him about this Mrs. Syumi.

Syumi :

I will allow John to enter the house but both of you will help with some chores in the apartment if you’ve messed it up.

Sally :

Yeah, sure. I love to hear that.

Syumi :

The last one, you will save the usage of water and electricity.

Sally :

I will lesser my utilization of water and electricity after this.

Mediator :

Okay, we’ve reached the settlement stage and both of you need to sign the settlement agreement. Sally, do you realize when you sign this agreement, you need to comply with the conditions given by Mrs. Syumi just now, and you may be evicted if you refuse to do so after this.

Sally :

Yes, I realize and agree with that.

Syumi :

I will put Sally’s security deposit in an interest bearing account after this.

Mediator :

If that so, both of you need to sign this settlement agreement as a prove that both of you have reached the settlement.

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Both of them signed the settlement agreement.

Mediator :

I would like to say thank you to both of you for working together and signing this agreement.

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