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Choosing the Right Divorce Mediator

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Next to the loss of a loved one it is said that divorce is arguably the most stressful experience one can have. It is important that you pick a divorce mediator who can guide you through the complex divorce process in Massachusetts.

Trust, comfort, and confidence in your divorce mediator is essential. Trust in their integrity. Comfort with their style and approach. And confidence in their knowledge and skills. Knowing how to choose a divorce mediator is an important step in moving forward with a collaborative divorce process.

Read what clients have to say

Questions to Ask When Hiring a Divorce Mediator in Massachusetts

  • How long have you been mediating?
    Look for someone with experience. How many divorce mediations are they currently working on? 
  • What is your background and why did you become a mediator?
    Some mediators are social workers, some attorneys, some financial experts, and more. Why did they get in to mediation?
  • What differentiates you from other mediators?
    Every mediator has strengths they bring to the table and they should match what you believe you need. What sets them apart from other mediators?
  • What are your rates?
    Mediators should be up front with all associated divorce mediation costs.
  • How long will this process take?
    Mediators cannot predict the future. However, they should be able to guesstimate a range of sessions you will need after asking you a few questions.
  • How does the paperwork get completed?
    Some mediators provide the court forms and others don’t. Some draft the Separation Agreement and others only a Memorandum of Understanding (MOU) that would be brought to an attorney for drafting. A good divorce mediator should outline in detail the services offered.
  • How do you handle conflict?
    Every mediator has approaches they use to manage conflict that arise in divorce negotiations. They should be able to describe some of the ways they manage difficult conversations.
  • What does the divorce process involve?
    In any consultation a mediator should be able to provide a general overview of a 1A uncontested divorce process. Ask about the decisions that need to be made, the legal standards the probate and family court use to approve decisions, and for a description of the hearing process.
  • How were you trained and how do you keep up with current practice?
    Most mediators affiliate with mediation organizations. Others have continuing education requirements as part of their professional licensing.
  • How would you describe your mediation style?
    There are formal styles (facilitative, evaluative, and transformative). Mediators should be able to describe their own personal style.
  • What ethics, values and principles do you follow?
    Any mediator should describe the core principles of mediation. Similarly, they should describe their personal guiding values.
Schedule a FREE Consultation with Ben!

The Single Most Important Factor in How to Choose a Divorce Mediator in Massachusetts (or anywhere!)

Fit.

You will be sharing deeply personal information. Determining your financial future. Crafting a co-parenting plan to help your children have the best possible childhood. 

Bottom line: it is critical that you both feel secure and comfort with your mediator.

Trying to choose a divorce mediator in Massachusetts or New England? Contact Ben Stich if you would like to ask him any of these questions in a free divorce mediation consultation.

Child Custody and Visitation written on a paper and a book

How Custody Works in Massachusetts

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The word “custody” conjures ugly divisive images for many people. This post will clarify how child custody works in Massachusetts.

Two Types of Custody

In Massachusetts there is legal custody and physical custody. Legal custody involves a parent’s legal right to making decisions for their child. Physical custody relates to time the child lives with each parent.

How Legal Custody Works in Massachusetts

Legal custody is a parent’s right to make decisions for their child. In particular, having legal custody allows the parent to influence the child’s education, medical care, and emotional, moral, and religious development.

In practical terms, having legal custody allows a parent to weigh in on decisions like:

  • Approving your child’s Individualized Education Plan
  • Consenting to your child’s surgery
  • Determining your child’s religious education plan
  • Deciding if your child sees a therapist

In Massachusetts, parents either have Shared Legal Custody or one parent has Sole Legal Custody.

Shared legal custody is typical whereby both parents are continually involved with all major decisions related to their child. Sole legal custody, which is less common, is when only one parent has the legal rights and responsibilities of making these important final decisions.

How Physical Custody Works in Massachusetts

Physical custody indicates where the child lives. In Massachusetts, parents either have Shared Physical Custody or Sole Physical Custody.

Shared custody is when a child has periods of living with each parent, so the child has frequent, continuous contact with both parents. Sole custody is when a child lives with one parent and is subject to reasonable parenting time with the other parent.

In practical terms, parents negotiate their parenting schedule. In divorce mediation, the outcome of the agreed upon parenting schedule determines the formal custody status.

How to Figure Out a Parenting Plan

During divorce mediation the mediator will guide parents through questions to consider in order to negotiate a parenting plan that serves the best interests of the child. There are a number of helpful resources mediators can provide that describe best practices, such as Planning for Shared Parenting which is endorsed by the Commonwealth of Massachusetts for parents living apart.

How Does “Custody” Work Bottom Line

The word “custody” makes many people feel uncomfortable. During mediation the mediator can help you navigate this without an over-emphasis on divisive language. A good divorce mediator will help  parents figure out two important issues that can be done without an over-emphasis on the “custody” word:

  1. How to make decisions for their child (i.e. legal custody) and,
  2. How to craft a parenting schedule for their child (i.e. physical custody)

Contact Ben Stich for a free mediation consultation if you would like to learn more.

This article “How Does Custody Work in Massachusetts” contains general publicly available legal information and does not contain legal advice. This article is not a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, contact a mediation-friendly attorney.

Frustrated African American man apologizing to woman after quarrel

5 Steps to a Great Apology

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Ever receive an apology that didn’t feel apologetic?

Left you feeling worse?

Angrier?

Infuriated?

In mediation — and in life — I see apologies of all shapes, sizes and colors.

Some feel authentic and cathartic.

Some feel compulsory and meaningless.

Some feel passive-aggressive and irritating.

And some downright hurtful.

“I’m sorry you feel that way”

I remember a parenting mediation. They found one another detestable. If not for their daughter they would be non-existent in each other’s lives, or enemies.

To their credit, they were using mediation to focus on co-parenting. They knew that fostering a positive relationship with each parent took precedence over their petty grievances.

At one point the father violated an agreement made during a previous session.

He listened, respectfully, as she angrily conveyed her disgust. When she was done he said,

I hear you. I’m sorry you feel that way.

You could hear a pin drop.

He felt he showed monumental restraint by listening without defending his actions, and apologizing.

She almost blew a gasket.

What happened?

How to make a bad apology

In this case, the father apologized for how she felt, not for what he did.

This felt dismissive to the mother.

He apologized without taking responsibility.

Which is really a non-apology apology!

If you have ever apologized in any of the following ways, it’s possible that you are an ineffective apologizer:

  • “I’m sorry but you also…” (click here to learn why the word “but” is so unhelpful)
    • “But” minimizes the apology
  • Apologizing when you don’t mean it
    • The other person will always know if it’s not genuine
  • “I didn’t mean to upset you…”
    • The impact of something can be hurtful even if the intention was not

Steps to an effective apology using family conflict management strategies

1. Determine if you regret what you did

Do not apologize to get something.

Do not apologize to get the person off your back.

Do not apologize because someone else wants you too.

Apologize because you are remorseful.

This is the only way your apology will feel authentic.

2. Start by expressing remorse using an “I” statement:

  • “I’m sorry that…”
  • “I apologize for…”

3. Take responsibility for what you did without justification or blame

  • “I’m sorry that I was late…”
  • “I apologize for losing my temper and yelling at you…”

4. Empathize with how your actions made the other person feel

  • “I’m sorry that I was late. I can see how that upset you and make it difficult for you to make plans…”
  • “I apologize for losing my temper and yelling at you. I imagine that made you angry — I would have been angry if you did that to me.”

5. Make amends to rectify the situation

  • “I’m sorry that I was late. I can see how that upset you and made it difficult for you to make plans. Next time I’ll leave fifteen minutes earlier, and call you the second there might even be a chance of me being late…”
  • “I apologize for losing my temper and yelling at you. I imagine that made you angry — I would have been angry if you did that to me. I’ll make sure I’m calm before talking about stuff like this with you next time…”

Back to my angry parents and the pin-drop silence…

I let the silence linger.

Then, I turned to the father and asked, “why do you think she is upset?”

It took a few moments and some deep breathes.

And then he explained, in his own words, how she viewed his actions and why it was distressing.

I turned next to the mother and asked, “do you feel he understands where you are coming from?” She grudgingly answered that he did.

I summarized the situation, and asked the husband how he wanted to address her concerns.

He looked at the mother and said, “I’m sorry I didn’t talk to you first about what bothered me. I understand how that broke our agreement. I won’t do it again. Next time if I have too I will call an emergency mediation session if I am that concerned with what our daughter tells me.”

And here’s the magical part.

She looked him in the eye and said, “thank you.”

The tension in the room immediately lifted.

Their body language relaxed.

There was an extended pause.

And they moved forward.

The power of an effective apology.

LINKEDIN USERS: LinkedIn does not have the capability for your comments on LinkedIn groups to appear on the original blog post. If you are commenting on a LinkedIn group would you mind copying the comment directly on to the blog so my other readers can benefit from your ideas and reactions? Thank you, thank you, thank you!!

Conceptual road sign on change and paradigms (against a dramatic sky background)

Top Tip to Transform Difficult Conversations

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Two never-married parents in a child custody mediation despise one another.

They chose child custody mediation to push themselves to improve their communication and co-parenting.

They are practicing some classic communication strategies. Reflecting back what they are hearing to make sure they understand one another. Listening without interrupting. Even trying to validate feelings.

Amazing strategies.

The problem is they are incredibly defensive, getting caught in a vortex of claims and counter-claims.

It took me some time to figure out the reason for the continued defensiveness despite reflecting, validating and listening.

But figure it out I did!

And the culprit in this child custody mediation was…

Can you identify the culprit in these sample comments?

I understand you were sick. I really do. We all get sick. But you’re not only late when you’re sick…let’s be honest.

I appreciate that you’re stressed out by our arguing. But how do you think Johnny feels having to listen to you scream at me on the phone?

Both statements led to raised voices, blood pressure, and tension.

The culprit is a tiny thing. Three itsy-bitsy letters.

B-U-T

Yes, BUT…

Yes, but nothing!

Using BUT as your conjunction when giving someone feedback rarely works.

  • BUT places the focus on the negative
  • BUT conveys that the issue of concern is the most important part of what is said.
  • BUT is a buzzword. It raises antennae. It draws attention. It does this because we know that it is setting the stage for a negative message.
  • BUT often leads the speaker to a direct and confrontational style of communicating.

BUT what else am I supposed to say?

The solution is also a tiny thing. Three itsy-bitsy letters.

A-N-D

Sounds too good to be true, right?

Let’s take our examples from the child custody mediation and first imagine what kid of reaction the father receives using BUT.

Father: I appreciate that you’re stressed out by our arguing. But how do you think Johnny feels having to listen to you scream at me on the phone?

Mother: How dare you bring Johnny in to this! You didn’t hear anything I had to say, did you?

Now let’s replace BUT with AND see where it leads us.

Father: I appreciate that you’re stressed out by our arguing. And how do you think Johnny feels having to listen to you scream at me on the phone?

Sounds kind of weird, doesn’t it?

Worry not! The beauty of changing the conjunction is that it will lead the speaker to alter the rest of their sentence.

Here’s a more realistic replacement of the conjunction.

Father: I appreciate that you’re stressed out by our arguing. And I’m also worried that it’s also stressing out Johnny.

Mother: I’m worried that it’s stressing him out too. Of course it’s stressing him out!

BUT sounds like a rebuttal.

AND sounds like a continuation of the discussion.

Using AND forces the speaker to phrase ideas in a more open manner. It leads to “I statements” more than “You statements” (more on this in a future post!). And it generates far less defensiveness in the listener.

Sounds so easy but…I mean and…

I can tell you from personal experience that it is difficult to replace BUT with AND. Using BUT is ingrained in the way most people communicate. It is a habit, and habits can be hard to break.

A couple of suggestions:

  • As an exercise, think through what you want to say using BUT. Then replace it with AND see how it affects what you say.
  • Use “AND, AND, AND” as your mantra during difficult conversations until it becomes natural or automatic.
  • Practice during inconsequential conversations. If you catch yourself using BUT, correct yourself. Make a mental note.

AND finally…how do you think changing conjunctions might help you?

Scroll down to comment!

LinkedIn Users: I know you have great things to say! Sadly, LinkedIn comments will not appear on my blog page. Please copy comments from the LinkedIn group to the comments section on the blog so my readers can benefit from your sage wisdom!

a family quarrel divorce parents and child

How to Love Your Kids More Than Despise Your Ex

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There is a family judge in Massachusetts who makes decisions for children of divorce every day. She has a sign hanging on her door that reads:
Do You Hate Your Ex More Than You Love Your Kids?

Provocative question, right?

You might be thinking “of course I don’t — that’s just ridiculous!” Maybe you are even offended by the suggestion.

So why then would a judge so brazenly post this message?

After all, the chances are that if you are separated or divorced you are working hard to do the best you can to protect your kids from any harm stemming from the breakup. Your intentions are probably in the right place.

Sadly, sometimes intentions are not enough. Too often negative unintended harm comes to children of divorce because of the conflict, tension, or even ill will that exists between exes.

How Parents Make the Effects of Divorce on Children of Divorce Even Worse

Since this article started by posing the judge’s provocative statement, let me ask another provocative set of questions: If divorced parents love their kids more than hate their ex, then why do so many co-parents…

  • Complain on the phone to their friends about their ex within earshot of the kids, or….
  • Fail to buy a Mother’s or Father’s day card for the child to give to the other parent, or…
  • Dig for information from their child about the other parent’s social life, or…
  • Roll their eyes when the child tells them about something the other parent said or did, or…
  • Ask the child to choose between attending an activity with Mom or attending another equally enticing activity with Dad, or…
  • Have their child pass messages on from one parent to the other parent, or…
  • Argue at pick-up and drop-off with the ex, or…
  • Fight endlessly over a parenting schedule leaving the child in uncertain limbo about the future plan, or…
  • Litigate endlessly to stick it to the ex, or…

Before you react defensively please take a breath. Seriously. I am NOT suggesting you are a bad parent if you can relate to any of these examples. These are common behaviors among divorced parents and let’s admit it, the judge’s question contains quite a bit of hyperbole. But it certainly got your attention, right?

How Parents CAN Decrease the Negative Effects of Divorce on Children of Divorce

Now, let’s do a reframe. Let’s say that it is clear that a parent loves their kids more than they hate their ex, and we know that because they:

  • Make sure to never complain about the parent within earshot of the children…
  • Go out of the way to make sure their child honors the other parent’s birthday and Mother’s and Father’s Day
  • Never use the children as a source to get information about the other parent…
  • Listen attentively and without judgment when the children are talking about the other parent…
  • Never ask the children to choose between Mom and Dad…
  • Communicate directly with the parent rather than having the children pass messages back and forth…
  • Behave politely with the other parent during pick-up and drop-off…
  • Establish a parenting plan in a timely manner that is geared to the child’s best interest rather than the parent’s…
  • Improve communication and decrease conflict by working with a divorce mediator, rather than litigate…

The bottom line is that kids of separated, divorced or never-married parents are hyper-aware of and sensitive to the relationship dynamics between their parents. When you get angry, frustrated, exasperated, furious, indignant and outraged at your ex, please remember this:
You Love Your Kids More Than You Hate Your Ex!

Remembering this could be the best thing you’ve ever done for your kids.

Please REPLY below to share other strategies that can minimize the negative effects for children of divorce!

angry couple staring at eachother over office table during divorce mediation

Avoid Destructive Divorce Messages

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While I was at the gym today listening to my favorite sports radio station I heard a commercial about divorce in Massachusetts. It made me stop in my tracks.

Literally.

I mean it. I must have looked ridiculous. I just stood where I was listening to my headphones.

The advertiser, a local law group, directed the message to divorcing men. I heard messages like:

…men have an uphill battle in court…we know the dirty tricks wives play…fight back before it’s too late…we can minimize the destruction…the hidden dangers of court…they get kids to turn on their fathers…

I would have been petrified if I had been facing divorce!

I would think things such as: …I need to protect myself…the odds are stacked against me…I need to go on the offensive…I’m going to get robbed…

I can understand why some would contact this law firm.

When I Thought The Propaganda Could Not Get Worse…

I got home and googled the firm. I was shocked (again) when I saw a link titled ‘The Pitfalls of Mediation.” This group is not only scaring men to court but they are claiming that divorce mediation in Massachusetts is inappropriate.

Mediation for Divorce Is NOT For Everyone

I will be the first to admit that certain divorces are not a good fit for mediation.

I could tell you that mediation is wonderful and ideal for everyone. But then I would sound just like the radio ad, only selling the reverse message.

So yes, mediation is not a fit for all circumstances. A good example is when there is significant history of domestic violence.

For many couples however divorce mediation is an ideal approach to divorce. Divorce is emotionally grueling in the best of circumstances. But, it can also be resolved effectively and often more amicably without attorneys or judges making decisions for you about your finances, your kids, and your future.

There are a plethora of articles outlining the merits of divorce mediation in Massachusetts. Feel free to review my description of divorce mediation from my website.

Couples go through divorce mediation in Massachusetts all the time without being fleeced, taken advantage of, or subject to nasty tricks. Rather, they usually leave satisfied with a fair agreement that they were able to craft on their own terms.

The Point Is Not About Selling Mediation for Divorce in Mass, But…

The point of this blog post is simple: Learn about your options and make an informed decision about the best way for you and your spouse to divorce.

Mediation or litigation, please do not fall for clichéd scare tactics preying on your fear and anxiety about divorce. Instead, educate yourself. Learn about the benefits of securing a divorce attorney versus mediation.

Whatever choice you make I hope it is informed and not based on a cheap attempt to scare you.

Please share your reaction to this post and comment below — I would love to hear from you!

Ben Stich Mediator, LICSW, M.Ed

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