Mediator : Hello everyone, today is a good day.

Thank you so much for choosing mediation

as a solvent instead of going to the court. I am Mr. Amir, a law graduate from UiTM Shah
Alam, which has been involved in ____ approximately for five years. Today, we will try as
best as we to achieve a consensus agreement and decision from our session today.
Before we would start our session today, I would like to make a disclaimer and also remind
both of you that, everything that being discussed today, shall not be eligible to be
repeated again outside this room, which means, lets us keep this discussion private. If you
see I am taking some notes, it is an ad hoc, which means for this purpose only. All of them
will be fully destroyed right after the session finished.
And the last reminder is, if the mediation meet a failure and unsuccessful, neither party
loses any rights, and you will simply continue with litigation.
So, as a claimant, Mr. Husni, do you mind to share the whole story what the actual fuck
was happened?

Husni : Hi everyone, I am Husni, I live in Seksyen 7 Shah Alam. Today, I am about to raise
my issues about the incident which has happened, and continuously happened up until
now. I have a piece of land that not being used up until now which is about 5 kilometer
from Bukit Broga. This land was given by my late grandfather to my father, which then
was given to me about 3 years ago.
The size of this land is big. Really big enough to start a new farming business. It is about 2
hectares. As a Petroleum Engineer, I was so busy with my works since then. Therefore I
was unable to take care of that land for these 3 years.
Last two weeks, I was about visiting my land considering to starts a new profesion in
agriculture sector. Since I did not visiting my land for about two years, I was unaware there
was a palm plantation adjoining to my land. I have nothing to against this business, since I
am also kind of interested in this sector. Firstly, I was happy to know that this area of land,
is good for plantation.
However, the issue here is when the plantation was taking about a half hectares of my
land. I was very surprised of it. My disappointment was unbearable anymore. As far as I
know, the company that run this business is Tanah Subur Sdn Bhd.
I want the justice to be served for me. My right to the land had been abused and being
denied completely by this irresponsible company..
Mediator : Thank you Mr. Husni for the explanation given. Mr Azrul, do you have any words
to deliver, maybe to combat the issue that had being rise up?

Azrul : Hi and assalamualaikum. I am the CEO of this plantation company. We have started
this company about 1 year and a half ago. This business was running smoothly, until this
issue was happen. I am also surprised this unwanted issues was happened.
The separation of land during the early cultivation was a bit confusing for us since there is
no clear separation of it. As far as I know from the previous proprietor of my land before he
passed away after a few days selling the land, the separation of his land and other person
land is a small river between two land. However, there is two small river near of it. Also,
there is no fences being built up around the area.
I do try to reach the owner of that land for confirmation about the real border in the area
given. However, the number phone was not in used anymore. People nearby informed me
that the land was not been used by any person for quite sometimes. Therefore, I started
my plantation up until today, considering the second river is the real border. I think there
must be some misrepresentation being made by the state authority while confirming the
document during my purchasing process. (Mediator mula lukis peta)
After all, even I was unable to reach him, I do aware that action was being done by me was
a trespass. I believed, and I really want that we can negotiate on this so we dont have to
continue with the litigation. As far as I concerned, Mr. Husni also wants to make a win-win
situation too.

Mediator : Okay, thank you for both of you. Now, lets us proceed with the next stage. I
want to know, what both of you hope from this mediation process. I mean, what outcomes
being wish to happen after this session. As a claimant, I think it is better for you to start
first, Mr. Husni.

Husni : As we know, what had being used by the company is part of my land. Definitely I
want the land back, in a normal states. Besides, it was the hereditary land for my family. I
will never sell it on any price you name it. So, the first thing that I want is my land being
cleared.
Besides, I am the one who pay for the taxes every year. Since you had been using my land
for one year and a half, I want to claim it from you the same price of it. And, for the action
of trespass that being done, I want to claim for damages, which is RM 200 000.
Mediator : okay, it is a legit claim Mr. Husni. Now, let me hear the response from Mr. Azrul
first.

Mr. Azrul : Mr. Amir, I know that Im the one should be blame for this. However, the price
that Mr. Husni wanted was too damn high for me. I cannot afford the price for now.
Besides, the oil palm need another one year and half to make a profit.

Here is my offer, I can pay you RM 50 000 on the spot. But I need to use your land for
another approximately one year and half. I will pay for any cost for taxes and the cost to
clear up the land after the duration. I desperately need the land for the sake of surviving
my oil palm business. Also, I will consider to give you 30% of the profit from your land only.
And, the cost of your first plantation also will be paid by our company. That is the best
offer that I can offer you.
After all, I hope that you being considerate for me, since this is my first time running this
business. Thats all from me, thank you.

Mediator: Okay, thank you Mr. Azrul. Now, this session will be hold for a while, so that I
show you best option that can be suggested from this mediation.
(Amir Tulis di white board)
Now, May I know your decision Mr. Husni?

Husni: I am agree to your offer, lets proceed with it. It was a good deal for me.
Azrul: Alhamdulillah. I hope that was the best for us. As long as this case was not being
brought to the court. Thank you so much.
Mediator : Okay, I will prepare the document right now. Please wait for a while.
..
I think we had produce a win-win situation by today. Thank you for both of you for the
corporation given. It was good to do the business with you. I hope to see you both of you
again in the future. Thank you.

I want the dispute being cleared and my right been given back to me

Firstly, the explanation about the plantation. Every palm plantation needs at least three
years for the progress up until the fruit being out from the tree. I have started this about 1
year and a half ago. That means, another one year and a half would be needed