PPEC 311

Business Disputes and Settlement

BSBA- FM3- FM31
The Mediation Conference

Mediation Conference
In Partial Fulfillment on our subject PPEC- 311

Business Disputes and Settlement

(Story Overview and Script)

Story and Directed By:

Jeff Ferdinand Lozano

Video Editor:

Krisha Ann P. Tabanao

Camera Director:

Calvin John Lim

Edwin Castro

Actors and Actresses

Nicole Sanchez as “Mediator”

Kyla Gen Robles as “Opposing Party”

Danilyn Donaire as “Opposing Party”

“All Rights Reserved December 2020”

PPEC 311
Business Disputes and Settlement
BSBA- FM3- FM31
The Mediation Conference

Story Overview:

According to the Attorneys of the Philippines (2016), partition or distribution of

the estate is an issue to the surviving spouse and children when the deceased father
failed to leave any Will that will determine who gets what. The plot even thickens when
the property is going to be divided among half siblings. It is a challenge for all parties to
come to an agreement, which involves the proposed partition as there are various
things that must be taken into consideration. This is where intestate succession comes
into play. 

The disputes arise between the opposing parties Kyla Lee and Danilyn Lee who’s
both daughters of the late business man Minho Lee. The death of their father were all of
a sudden, their late father left with no willing testament as to for whom this properties
will fall into. To add up, Danilyn here was a legal adopted child who’s been with Minho
on all his business daily activities. Following to the death of Minho’s second wife,
Danilyn has been the one assisting her father. On the other hand Kyla, is known as the
rich rebel daughter, as she was badly hurt on the death of his mother- Minho’s first wife,
and how his father decided to remarry. The disputes circles on who’s who? Who has the
right to the properties being left by the business man Mr. Minho.

The story of this disputes were inspired to the Korean Drama Series “The Legend
of the Blue Sea”, where Heo Jeon Jae- a role played by the actor Lee Min Ho, and Heo
Chi Hyun- a role played by Lee Ji Hoon. They were also fighting over their father’s
possession. But there are changes made with the story like the absence of both the
mothers of Kyla and Danilyn, and how their father leave no willing testament.

The Impasse occur when both parties want to inherit more possession over the
other. It was then resolved by the mediator, using the technique role reversal,
summarizing and telescoping, encourage the parties to brainstorm to settle with a much
better solution.

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PPEC 311
Business Disputes and Settlement
BSBA- FM3- FM31
The Mediation Conference

Script:

Scene 1- Introduction of the Mediator

The Mediator’s opening statement was anchored to the sample standard of what a
mediator should do and say upon his/her introduction. As the film makers were still
haven’t earned a practical experience with mediation, so for safety language purposes,
we give credits to www.airuniversity.af.mil for our mediators opening statement.

Mediator: Good morning to you both, allow me to introduce myself, I am Nicole Q.

Sanchez, you can call me Nicole, and I am now on my fifth year on the service as
mediator.

What’s your name, and how would you like me to address you?

Opposing Party 1: Hello, I am Danilyn Lee, daughter of the late Mr. Minho, you can just
call me Dany.

Opposing Party 2: I am Kyla Lee, the legitimate daughter of Mr. Minho, you can call
Kyla.

Mediator: Very well, I am serving as your mediator today. I am a certified mediator

trained to assist in resolving disputes such as the one before us today. I am pleased to
be here to assist you in working through your issues and believe you will find mediation
to be a very helpful process. Thank you for committing to be here today. And if any of
you have a special need during the session, please let me know now or at any time
during this session. Also, please silence all electronic devices during this mediation.

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PPEC 311
Business Disputes and Settlement
BSBA- FM3- FM31
The Mediation Conference

Before anything else, let me begin by stating that I am not acquainted with the parties
involved in this dispute.

My role as the mediator is to facilitate the discussion and negotiation and help you
capture any agreement into appropriate settlement terms. Your attendance at this
mediation does not imply any admission of guilt or wrongdoing. If you would like to
take a break, meet with me privately, or end the mediation, please let me know and we’ll
address those matters at that time.

Have you met before this mediation?

Opposing Party 1: Yes we did, but it just leads us by hating each other more.

Opposing Party 2: And that’s obviously because of your greediness.

Opposing Party 1: Mhm (smirk), this is exactly the reason why we’re here.

Mediator: Okay, so I hope you both are here voluntarily right?

Opposing Party 2: Yes Miss Nicole.

Mediator: For the information of you both, I want you to know that Mediation is a
voluntary process in which a neutral, impartial person assists parties who want to
generate options for resolving their issues.

My goal is to assist each of you in communicating clearly with one another and reaching
a mutually acceptable settlement of this matter. I am not here to represent any
particular side and will not provide advice or guidance. You are entitled to seek
representation and subject matter experts that can be called to provide information, if

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PPEC 311
Business Disputes and Settlement
BSBA- FM3- FM31
The Mediation Conference

necessary. I have no power to impose a decision on you or to decide how this matter
should be settled. This is where mediation differs from other forms of dispute resolution.
You are empowered with the ability to design your own solution that meets your needs
and addresses your interests.

Just a review, each of you signed agreements to participate in good faith. “Participating
in good faith” means that you are entering with an open mind, that you will be
respectful of the other person, and that you will listen to one another.

Before we begin, let me explain the process we will use. When I complete these
preliminary remarks each of you will have an uninterrupted period of time to explain
what brought you to this session and to describe the problem as you see it. It is
customary for the party that brought the matter to our attention to begin first,
therefore, Kyla I will ask you to begin. When you have completed your opening remarks,
I will ask Danilyn to make an uninterrupted statement.

Confidentiality is a critical part of the process. Generally, if you tell me something in

private and ask me to keep it confidential, I am bound by law not to disclose this
information voluntarily. There are some exceptions to this rule, but I do not expect them
to arise during our mediation.

I want to remind you that this is not a legal proceeding. Should you desire, at a later
time, to pursue this matter in a court or an administrative system, this session will not
delay or interfere with your right to do so.

Thank you for being here. Your presence today demonstrates your willingness to
attempt cooperative problem-solving. Would you like to suggest any ground rules for
the session today? All I ask is that you sincerely agree to attempt to resolve this dispute,
agree to treat one another with mutual respect (by talking one at a time and avoiding
the use of profanity), and agree to give consideration to all suggestions made in regard
to developing a realistic solution to the problem.

Are there any questions at this point?

Opposing Party 2: I have none so far.

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PPEC 311
Business Disputes and Settlement
BSBA- FM3- FM31
The Mediation Conference

Opposing Party 1: Me too. . .

Mediator: Okay then, let’s begin with Miss Kyla, for her opening statement.

Scene 2- Parties Opening Statement

Opposing Party 2: I am Kyla Lee, as I mentioned earlier- I am the legitimate daughter of

Mr. Minho, I agreed for this mediation, because I want to claim my rights over my
inheritance, which my father’s adopted daughter been dying to get for.

Opposing Party 1: Excuse me? Please mind your language. . . Let me just clarify it, I am
not dying to get all his possession, I am just claiming what I deserve to.

Mediator: Let me just remind the both of you to please avoid interrupting one another.
Let the both of you to give your opening statements with no interruption.

Opposing Party 2: As I was saying, I want to claim my right on my father’s possession

because I know that it is also what he wants. Blood is thicker than water, remember that.
Aside from anything else that’s all it is.

Mediator: Thank you, now let’s hear from the opposing party Ms. Danny.

Opposing Party 1: Good day, I am Dannilyn Lee, I am the legal adopted of Mr. Lee, and
I’ve been with him since we grew his business. I was with him all the time during his
hardships and success, that’s why I firmly believed that I must inherit more of the shares
more of his legitimate daughter.

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PPEC 311
Business Disputes and Settlement
BSBA- FM3- FM31
The Mediation Conference

Mediator: So we have heard both sides, now let’s go on with our joint discussion.

Scene 3- Joint Discussion and Identification of Issue

Mediator: Before we start with our joint discussion, let me just give the both of you the
summarization of your opening statement. So as what Ms. Kyla stated- she agreed to be
with this mediation process because of her rights as the legitimate daughter of Mr. Lee.
As for Ms. Danny, she agreed to be here as she was raising her rights as a legal adopted
child of Mr. Lee.

Now we will open the table for the both of you to lay both of your ideas in coming up
with a common ground to resolve your issue. If you may, please proceed.

Opposing Party 1: Now what I want to say was, I was the one who’s with our dad in
growing up our business, so I believe it is just right for me to have what I’ve been
spending my years for.

Opposing Party 2: You know very well Danny, that I was hurt of what my father did, but
I can’t just give you everything because my mother was with my father through thick
and thin first during the founding moment of our business before you came in to our
lives.

Mediator: Let us take a moment of reflection and try to put your shoes in opposite
place. For the information of you both, according to Section 2 of the Philippine Rule for
dividing inheritance, it was stated under Art. 979, that “legitimate children and their
descendants succeed the parents and other ascendants, without distinction as to sex or
age, and even if they should come from different marriages. And an adopted child

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PPEC 311
Business Disputes and Settlement
BSBA- FM3- FM31
The Mediation Conference

succeeds to the property of the adopting parents in the same manner as a legitimate
child.”

So basically this means that the both of you are equally entitled to inherit the
possession of your late father, not unless there was a will written over. On your case, we
have no references as your late father’s death was all of a sudden.

Now let’s open the table for a negotiation and closure. . .

Scene 4- Joint Negotiation and Closure

Opposing Party 2: Upon reflecting, I did understand how you have faithfully assisted
my father in growing the company, but what I want was to get an equal rights over the
company as well as the other assets our father own. This is not just for my future’s sake
but to honor my late mother as well, who’ve been faithfully supporting my father when
she was still alive.

Opposing Party 1: I have also fully understand your side, and I am agreeing to your
proposed idea to equally divide our shares in the company, as well as the other assets
that our father’s own.

Mediator: Very well, now we will proceed to the writing of the compromise agreement.

Scene 5- Writing the Compromise Agreement

Mediator: With the written compromise agreement, you both will take that at your own
vicinities, review and double check what’s been written. And if there are changes and
suggestions you want to raise, we can call for a caucus or a private meet-up to discuss it

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PPEC 311
Business Disputes and Settlement
BSBA- FM3- FM31
The Mediation Conference

individually, but if you have none, you can reach one another and reach me out for us to
proceed with the signing of the compromise agreement.

Opposing Party 2: We’ll take note of that for sure, and we’ll reach you if we want to get
a caucus or have decided to go on with the signing of the compromise agreement.

Opposing Party 1: Yes, we will, thank you, and we’ll see you soon. . . .

Scene 6- Signing the Compromise Agreement

After three days. . . . . .

Mediator: Welcome to the both of you, it is nice to see the both of you back, with a
light aura along with. I see, you call no caucus, so I believed you both have agreed to
the compromise we have written during our first session.

Opposing Party 1: Yes we did, I believe, right Kyla?

Opposing Party 2: Yes, Danny!

Mediator: Well then, now we will proceed with the signing of the compromise
agreement.

Signing the compromise agreement with both the opposing party. . . . . .

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PPEC 311
Business Disputes and Settlement
BSBA- FM3- FM31
The Mediation Conference

Mediator: Are we all done with the signing of the agreement?

Opposing Party 2: I am done with the signing. . .

Opposing Party 1: I am too. . . .

Mediator: Now, this calls for a successful mediation process, and I am happy that the
both of you met at the same ground. Thank you for entrusting me to be your mediator
for your raised disputes.

Opposing Party 1: I would also like to thank you Ms. Nicole, for guiding us through this
mediation process.

Opposing Party 2: Yes, I would like to extend my gratitude for the unbiased treatment.

Mediator: It is my pleasure to be of great help. Thank you, and I hope we’ll be not
seeing anytime soon in this mediating table, best wishes for both of your undertakings.

Both Opposing Parties: Yes, good bye! (Leaving with a light heart). . . . .

“All Rights Reserved December 2020”