From Chaos to Clarity to Resolution and Closure
Understanding our clients’ needs and goals is central to helping them successfully resolve their conflict. PRM Mediation’s process sorts through the chaos and builds a structured plan that matches each client’s specific requirements for an optimal long-term outcome that reduces cost, time and stress while preserving dignity and respect throughout the process and going forward.
Each step in the mediation process is a stepping stone toward resolving conflict between two parties. Based on over 30 years of negotiating complex, multi-million dollar agreements in the corporate world and many years of working with families to negotiate positive outcomes when faced with separation, divorce and other issues, Mary Krauel has carefully designed her process with empathy and a passion for helping others through each important step in the mediation process.
Step 1. Building Trust
A Relationship Built with Empathy on Trust and Integrity
The first step in the PRM Mediation process is getting to know our clients and building trust between clients. This could involve a series of meetings between parties and any other stakeholders who may be involved in helping resolve the conflict. Our role is to gather input from various parties and ensure that all parties, including their legal counsel are heard and acknowledged as being a valuable part of the resolution process.
Parties can share their story within a safe, confidential and non-judgemental environment. Mary Krauel acts as the calm in the storm, bringing empathy, integrity and reason to each situation, no matter how dynamic.
Step 2. Triage and Plan
Fail to Plan. Plan to Fail.
PRM Mediation uniquely differentiates itself by the comprehensive assessment of the engagement including the underlying causes of the conflict, stakeholders and their interests, and near term issues requiring immediate attention. Day to day issues affecting the parties if not given attention become sources of escalated conflict which then becomes obstacles to resolving the primary dispute. This triage leads to an interim plan which the parties consent to without prejudice and is a critical element in beginning to build trust between the parties as they work towards reaching a consensus for the long term and a final settlement agreement.
We use a number of proven mediation methodologies or techniques including interest-based, evaluative, facilitative and transformative techniques to help disparate parties in conflict reach an optimum outcome. A mediation strategy is formulated based on the nature of the dispute, the dynamics of the parties and their behavioural styles.
The plan created sets out a timeline, defining key deliverables at each stage, defines roles of stakeholders, establishes the need for expert advisors, and specifically identifies how the disputants would be actively engaged in the process and choosing their outcome. Our success in mediation is predicated on this planning.
Step 3: Educate and Acquaint Clients
Knowledge leads to Empowerment and Informed Decisions
Uninformed people make poor decisions that have long-lasting financial, emotional and relationship impacts. One of PRM Mediation’s main objectives when parties choose our mediation process is to educate folks on the various options they have and to help them know their obligations and rights under the law and to have obtained, reviewed and analyzed all relevant financial information and disclosure. In divorce and separation we help clients understand their financial, legal and parenting options under Family Law and to know what it is they are agreeing to and offer a legal seminar presented by a divorce lawyer. Knowledge is power in terms of clients being able to make informed decisions about their future and we strive to provide them the right information to help them make good decisions. This includes the need to have independent legal advice and provide proper disclosure to assist in evaluating possible options.
Step 4: Reaching Consensus
Fair ∙ Mutually Agreed ∙ Win-win for both Parties
One size does not fit all and reaching consensus between parties is tailored to the unique circumstances of each case. Meetings are held together with the parties as appropriate but often shuttle mediation or the use of caucuses are employed to respect confidentiality, honour the wishes of the client, minimize conflict and to allow for open sharing by the parties with the mediator. Once the issues to be resolved are understood by both parties and they have reviewed all relevant documentation and heard the opinions of experts, PRM Mediation begins the phase of exploring any and all reasonable options for settlement.
Not available in a court environment, parties are actively engaged in identifying and developing these options. PRM Mediation can provide creative solutions to meet the stated needs of the parties. We are mindful of preserving the net worth of each party as well as their relationships and look at alternatives that take into consideration tax implications and long term impacts on corporations, their employees and customers and in terms of families – parents, their children and extended family. We facilitate these sessions with the view of assessing the pros and cons as well as the cost benefit of each to ensure it results in the “Best Alternative to a Negotiated Settlement” (BATNA).
When faced with conflict and adversity, generally, we just want it to be over. But in the long run, our goal should be to feel good about being in control of our destiny. Once all options have been analysed, all parties have had an active hand in creating a settlement which they can live with. Our goal is to help both parties maximize wealth and to own the agreement as they have been instrumental in its creation which leads to the highest probability of compliance to settlements.
Step 5: Bringing closure
Conflict Resolved • Legal Advice • New Beginnings
Once both parties agree on the terms of the settlement, the memorandum of understanding is drafted and both parties are advised to seek legal counsel to review the plan and to draft the formal legal settlement agreement allowing them to have closure and to move on toward their new life.