Project 1:

Referring back to the two mock negotiation scenarios in your course content, you are
required to consider both scenarios and provide negotiation notes that include the
following:
1. Is the cause of the conflict because of a breakdown of communication, differing
legal concepts and changes in law or differing views of the underlying facts?

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2. Is there a way for the two parties to compromise on their position?

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3. Identify the possible barriers to compromise and assess if they are barriers of
a legal nature or otherwise;
4. Present at least one possible solution to the dispute that both parties would

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eventually agree upon

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Mock Negotiation No. 1 – David and Deborah
You are a strata manager for a small block of ten apartments. David owns one of the

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ground floor apartments and he wishes to remove an internal wall in order to create a
large living area and to improve the value of the apartment.
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The living area will now connect with the adjoining apartment, which is owned by
Deborah. Previously, although the bedroom connected with Deborah’s apartment, it
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had always been used by David as a family room.
Deborah is complaining to you that the changes will affect her standard of living. She
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has also made complaints about how the moving of the wall will affect the stability of
the whole block
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David has supplied you with a copy of an engineer’s report that shows that no stability
problems will be evident with the removal of the wall.
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You have made a determination that in the first instance you should conduct a round
table conference with David and Deborah as a means of mediating their dispute.
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Mediate this dispute and document the agreements between the parties.
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Mock Negotiation No. 2 – Martin and Jenny

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You manage a large block of apartments in the inner-city. Jenny is a tenant in

Apartment 54. She is a single mother with two children under the age of 6. Jenny’s
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husband has recently passed away in a workplace accident. The younger of the two
children has a significant intellectual and physical disability and is unable to
communicate in a normal manner. His disability leads to a large amount of screaming
during the night.
Martin owns and lives in Apartment 55 (next door to Jenny). He has complained to you
that he is suffering from irregular sleep due to the conduct of Jenny’s children.
 You have spoken to Robert, the real estate agent who manages Apartment 54. Robert
has advised you that Jenny always pays her rent on time and the apartment is
impeccably maintained. He knows of the screaming problem and he believes that
Jenny is doing everything to not affect other residents in the complex.
Martin has now written to you formally advising you that the tenant in Apartment 54 is
in breach of the By-Law which prohibits any noise which may impact upon any lot

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owner after 11.00pm.

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Your boss has instructed you to convene a meeting with the real estate agent and
Martin. This meeting will attempt to avoid any escalation of the problem.

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