The Marathon Mediation Process

Marathon Mediation uses PRREP™ as the cornerstone to our mediation process. PRREP™ is a process designed to accommodate the unique circumstances of each situation and each mediation will vary in length and time. Results can be achieved and mediation complete at the First Meetings phase. With more complex situations, several meetings allow for in-depth assessment and analysis leading to resolution.

1. INTAKE and SCREENING

Typically done in a telephone call, this is an opportunity for prospective clients to understand more about mediation, and whether the process will address their needs. This conversation gives people a chance to freely ask questions about the mediator’s approach and experience, and also about the practical aspects such as availability, time frame and fees. A goal of intake is to screen for any issues that would impact on the appropriateness of this process for the issues at hand.

When the decision to proceed is made, a contract will be sent to the client(s) for their review. The contract document is available on this website by clicking here.

2. FIRST MEETING(S)

Whether the mediator meets individually or with multiple parties in this first meeting, the intention is to define the client(s) needs and to have clients’ perspectives be heard and understood. With an understanding of the background to the current issue, clients and the mediator will identify the issues for mediation and create a plan for the process.

There are times when this first meeting, which is scheduled for two to three hours, accomplishes the client’s goals, and no further meetings are required. If it is assessed that further mediation is warranted, the contract will be completed, and the administrative details will be finalized.

3. INFORMATION-GATHERING

Clients often have family members or other interested parties who they deem to be important in ultimately resolving their issues – new partners, grandparents, siblings, children for example – and our aim is to include these people into the conversation. In so doing, we gain an even deeper understanding and may discover resources for the clients that have gone unnoticed.

Other related parties, such as lawyers, physicians, and health care professionals may also become consultants and play a role in the resolution of the issue.

4. COMMUNICATION PHASE

Now is the time to have conversations based on the information that has been gathered. Our mediators play an active role providing feedback to the parties, and facilitating a dialogue about possibilities, opportunities and even the roadblocks that may impede progress.

There may be a series of meetings – sometimes with individuals, other times with two or more people – or there may be a block of time set aside for a multi-party meeting that may include other interested parties and outside experts.

5. FOCUSED PROBLEM SOLVING

The parties enter into problem-solving negotiations, “brainstorming” different ideas and considering their potential. Parties can identify the role they will play to achieve a positive outcome, and a comprehensive plan is defined.

6. CONCLUSION OF MEDIATION

Decisions made in the mediation can be documented in a “Memorandum of Understanding” (MOU). This is not a legal document and is not signed by the parties. It is, however, a written proposal drafted by the mediator, based on the agreements that were made during the mediation process. If the parties wish to create a legally-binding agreement, the MOU can be given to their Counsel who can translate the intended agreement into the appropriate legal document(s).

7. FOLLOW-UP

As our tag line says, “we go the distance” and consider ourselves an ongoing resource in supporting the family and the plan that has been created. We are pleased to be available and assist in whatever ways seems helpful, for now and in the future.