Scene 1: Introduction by the mediator

Mediator: Good afternoon, Mr Naabil & Miss Farhana, from Alaf Maju SDN BHD and Datin
Rosnanita and Miss Atiqah of Geliga Bina Sdn Bhd. Hope you are doing well. My name is
Rubiniswary, and you can call me Miss Ruby. I’m your mediator from Messrs Rubiniswary &
Partners. I would like to welcome you to the mediation session. Please let me brief both of you
on mediation. Since mediation is a voluntary process, you are free to leave at any stage of the
mediation. Still, I’m encouraging you to stay and work through it to solve the matter amicably. It
is vital for you to note that the whole mediation process is confidential. This means that any
communication in this session will not be shared with anyone unless the law requires us to do
so. It doesn't leave the room. My role as a mediator is not to establish facts or take sides on 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.

Mediator: Are there any questions so far from you both before we start the session?

Farhana & Naabil: As for now, we do not have any question.

Ros & Atiqah: No question.

Mediator: Alright, according to both parties' summary of facts submitted to me, it comes to my
mind that the disputes arose when alaf maju noticed the defects from the construction.

Naabil: Ya, since I am the one who gets affected a lot by Miss Atiqah's negligence or maybe
ignorance, then I would like to convey my frustration with the construction work done by Geliga
Bina Sdn. Bhd. I have spent a lot of money to appoint them and this is the only quality they
could provide. How come they promised to give us the best quality of tiles used in the toilet but
suddenly it cracks after only 2 months of completion.

Farhana: Ya that’s true. I have received so many complaints from my customers at our coffee
shop. Because of that, it indirectly interrupts our business performance. If you provide us with
the best quality tiles as we have agreed before, this would not happen at all.
Ros: I strongly believe that we have provided the best quality of workmanship in order to fulfill
the criteria that you both needed for your coffee shop. I can assure you that we have strictly
complied with the manufacturer's installation instruction as well as construction plan. We are
one of the best long-standing construction companies in town with 20 years of experience.

Naabil: NO! Your workmanship was bad and the products you used are awful! The defects not
only can be seen on the tiles but also on the walls. How is it possible for the tiles and walls to
crack within just a short period of time. Very unprofessional.

Atiqah: But the thing is now, you keep pressuring us to complete it as soon as possible. This is
the best that we could do for you!

*heated argument*

Scene 2: Caucus (Separate sessions) - Alaf Maju

Mediator: OK, so what I need to do now is caucus. Do you know what caucus is? Caucus
means a separate session which is held by the mediator with individual parties. So, Miss
Atiqah and Datin Rosnanita, could you please leave the room first to allow me to caucus with
Miss Farhana and Mr Naabil and after this with you two.

Datin Rosnanita: Okay sure.

Mediator: Could you explain to me what you want to have as a solution?

Farhana: Nothing else matters, we just want to recover what we have lost. As for the defects,
we want to ask Geliga Bina Sdn Bhd to repair and rebuild the tiles and walls of better quality. By
hook or by crook, the repair should be done within a month. We can't afford to wait any longer,
they are just too much. I know, they installed rejected tiles in the toilet.

Naabil: Yup, I agreed with that too. There is no such thing for us to just keep quiet on this as we
paid a lot to the contractors. Just replace it with the new one, and we will not spend on that
anymore. Everything is on the contractor.
Farhana: We believe that the workmanship was poor. Their workers are incompetent and not
punctual. Ya, the construction took a shorter period than it was supposed to, but no matter how
short or long the duration is, the result has to be excellent. Come on, Geliga Bina Sdn Bhd is
famous. This is not the performance they should provide to their clients. I firmly believe that the
workers did not give their best performance while doing the work. Hence, the site supervisor as
well is not professional as she just let her workers conduct the construction without thorough
supervision from herself.

Naabil: With that Miss Ruby, I think you should tell the contractor to repair the cracked wall and
tiles. Because of her ignorance and not considering this as a serious matter, we need to put our
business on hold for a while, and we cannot generate any income for the time being. It puts a lot
of pressure on us. We don't care what they are going to say, we want this matter to be settled as
soon as possible.

Mediator: *writes down* ok, so im gonna ask you two to leave the room first and then i'll ask
Miss Atiqah and Datin Rosnanita to come in and caucus with them. I cant share with them
whatever you shared with me. Youll have to share with them when you come back in later.
Thank you.

Scene 3: Caucus (Separate sessions) - Geliga Bina

Mediator: Datin Rosnanita and Miss Atiqah, you can come back in. Okay, so I had a chance to
caucus with Miss Farhana and Mr Naabil. So I would like to hear what your thoughts are and
what solution do you want to propose?

Ros : The first thing that we want from Alaf Maju is to withdraw the civil suit and not to take any
legal action after we reach the settlement. To resolve this issue, we think it will be fair if we can
refund the exact amount of the materials agreed as provided in the agreement. Legal action will
cost a lot of money and time consuming.

Atiqah : As a site supervisor, it is difficult for us to repair the tiles as soon as possible because
the price of materials at the time of construction is different from now. There is an increase in
prices. Besides, it takes a long time to redo the tiling process since the process is complex.
Currently, we do not have enough work force as we have 2 on-going Mega Projects. At this
moment we don’t want to take any risk and we are not promised that everything will be settled
on time.

Mediator: What do you think is fair?

Ros: For now, a refund is the best possible solution we can offer.
Atiqah: Yes, I agree with Datin.

SCENE 4 (SETTLEMENT AGREEMENT)

Mediator: So, Miss Farhana and Mr Naabil, can you come back in? So I had a chance to
discuss with you two and I would like to emphasize that it is entirely up to you to make any
agreements with each other. So, I’ll start with both Miss Atiqah and Datin Rosnanita. You can
begin to make your proposal.

Ros: As CEO of Geliga Bina, the best decision is only to refund the exact amount agreed in the
construction agreement . Unless you can consider the longer time for replacement.

Mediator: Alright, what do you think, Alaf Maju Sdn Bhd?

Naabil: For how long? Again, it is about your responsibility to give the best for your clients.

Ros & Atiqah : *whisper*

Ros : Two months?

Atiqah : Yup two months

Mediator: So how? Is it possible, Mr Naabil?

Naabil & Hana : *whisper*

Hana : I think we can agree on that, as long as it is to be replaced with more suitable quality.
Mediator: So, what do you think Geliga Bina? Do you agree with that?

Ros & Atiqah : Yes we absolutely agreed with that.

CONCLUSION

Mediator: i would like to thank you both for talking and working this out and ill write up the
agreement and then we can both go over it and sign it. In the agreement, we have included all
terms that were agreed today. Miss Farhana and Mr Naabil, when you sign this agreement, you
need to comply with all the conditions. This applies to you as well Miss Atiqah and Datin
Rosnanita. In the event either party breaches any term in the agreement, the aggrieved party
may sue the defaulting party for breach of the agreement. All right, please sign the agreement.

*after signing settlement agreement*

Mediator: Thank you for working together and signing this agreement . *effect of settlement
agreement*