Archive for category: Why I Mediate

Child between parents trying to understand divorce

Your Kids and Divorce: Mediating a Child-First Divorce

in , , ,

What do kids and divorce negotiations have to do with one another?

A lot! (for parents).

Thinking about your kids could be the best decision you’ll make in your divorce negotiation.

Your Kids’ Shoes

I recently wrapped up a mediation that was a model child-centered divorce.

The parents weren’t buddies. They didn’t spend a lot of time together. They disagreed a lot during mediation.

In fact, they didn’t particularly like each other.

But they love their kids, and despite the obvious personal tension between them they embraced their redefined relationship: co-parents for life.

And they realized that to make a great parenting plan they needed some perspective.

Kids and Divorce Mediation

What kind of perspective?

Your kids!

Some would ask what a child’s perspective has to do with divorce negotiations, so let me explain.

The degree to which your parenting plan meets your children’s needs can profoundly affect how well they adapt to divorce.

My divorce mediation clients worked hard to put themselves in their children’s shoes and consider their perspective when crafting the parenting schedule, holiday division, and the many other parts of their parenting plan.

And the way in which they did this was usually subtle. They’d ask questions like:

She has all these activities…what kind of drop-off arrangement do we think would be least stressful for her?

You know, she’s really worried about the dog…would you ever consider having her bring the dog with her when she’s at your place?

He’s really anxious and worried about upsetting either of us…can we figure out how to explain the plan to him together? Maybe we can have a family meeting?

You know his friends are his life…we need to figure out a way to make sure we’re on the same page about play dates and birthday parties…

I think alternating Christmas, which is what I’d personally like to do, would be devastating for them…how can we make this work so it’s still special for them and not impossible for us?

Your Kids and Divorce…

Walking in your kids’ shoes for a moment can take the focus away from your spousal conflict and place it on what binds you most meaningfully: your children.

And will lead to a better child-centered parenting plan.

Pile of cartoonish question marks

The Assumption Trap | Lessons from Family Mediation Services

in , ,

I often find inspiration for posts from my family mediation services. But the reality is that communication lessons are present everyday if we pay attention.

A friend of mine was venting to me recently about his mother-in-law.

He is a videographer.

Exceptionally talented, award-winning, and creative.

He has made a great career creating marketing materials for well-recognized businesses, producing large corporate training programs and webinars, and teaching video production at the college level.

His mother-in-law recently worked on a personal project developing a retrospective video for her husband in honor of their 50th wedding anniversary.

She sought video clips and photos from all her friends and family, vowing secrecy along the way.

Her previous experience editing was limited to using the red-eye feature on her phone camera. In other words, she was a video production rookie trying to create a high-quality production.

Where Our Thoughts Interfere…

My friend was insulted she had not sought his support.

As he talked about this some of his internal dialogue became clear:

After all these years she still doesn’t trust me…

What do I need to do to be respected by her…

How dare she talk about how hard it is in front of me — what gall…

I asked if he offered to help. He felt strongly that he should not impose. If she truly wanted his help she’d ask.

I am very close with his mother-in-law. Shortly after this conversation I happened to be with her and asked if her son-in-law had helped with the video.

She was insulted he had not offered to assist.

As she talked about this some of her internal dialogue became clear:

He is so self-centered…

I can’t believe he can’t take five minute to help after all we’ve done to welcome him in to this family…

And he knows I’m struggling — he really must not like me…

He was surprised she hadn’t asked for his help.

She would love his help but didn’t want to put him in an uncomfortable position.

Two sides to the same coin.

Lessons Learned from Family Mediation Services

They both made quick assumptions based on interpretations of the other’s actions.

Interpretations that assume the worst. Assumptions that fueled with time develop resentment, anger and hurt.

Unfortunately, I see this dynamic play out in my family mediation services work regularly. Both parties making wild assumptions and applying negative meaning, often unfairly, without first checking their assumptions.

Had she originally approached him and said something like, “I know you’re really busy. I don’t want to add more work to your plate. Can you give me any advice on who I can reach out to help me with my project?”

He would have then helped, or given her a good resource. And perhaps he didn’t want to help — but at least this would then be based on information, not guess-work.

Likewise, had he originally approached her and said something like “I don’t want to intrude but just so you know if I can help in any way just let me know.”

Then, she could have taken him up on her offer, or not — again, at least his conclusions would be based on information, not guess-work.

The narratives we have in our head are sometimes right on. And sometimes not!

While there are many strategies to avoid drawing assumptions, here are three:

  1. Ask clarifying questions before drawing conclusions
  2. Remember there are always two sides of the story, that have merit from each person’s world view perspective
  3. If necessary, get help from a third party to broker the communication

Avoid the assumption trap!

toys for babies and toddlers

Dealing With Divorce Can Be Easier When You Think Like a Kindergartener

in , , , ,

I am always trying to find a unique twist for my posts.

Something that sets my ideas apart.

Thinking about this post, common expressions I hear from parents in mediation kept running through my mind.

Statements like:

He’s so demanding.

She’s so controlling.

He’s rude.

She’s bossy.

Hmmm…I wonder what mind-blowing advice I could provide about dealing with divorce?

Ideas for Dealing with Divorce Co-Parenting Issues

I was discussing this with my wife and throwing out ideas.

Should I write about active listening skills, I asked?

Or the difference between positions and interests?

Perhaps a post about relationship boundaries?

She turned and gave me the most jaw-dropping, duh-why-didn’t-I-think-of-that answer.

A topic I had never even considered.

Something so obvious, so universal, that we take its power for granted.

So What Did She Say Already?

How about how to be polite?
You know, say please and thank you more.

And you know what, as I paused to think about her suggestion, mediation after mediation flashed through my mind.

I thought of a mother wishing the father would show appreciation and thank her for making sure their child honored him every Father’s Day.

I thought of a bitter and resentful father who wished the mother would politely suggest, rather than demand, decisions that were hers to legally make.

I thought of an email exchange where one parent graciously deferred to the other parent’s idea, and then later blew up because she was never thanked.

That’s right, the “magic words” that we learned in pre-school, please & thank you, hold such power and influence that they can make or break a relationship!

Why Kindergarteners can be “Smarter” than Adults Dealing with Divorce!

We teach our five year olds to say “thank you” after someone does something kind for them.

We implore them to appreciate kindness.

We chastise them when they forget, mumble, or complain.

Yet, adults overlook kindness all the time.

And sadly, the longer the relationship, more is taken for granted, and less appreciation is acknowledged.

In marriages this dynamic can slowly erode warmth, and lead to resentment.

In co-parenting relationships, this can scuttle efforts to work together for the benefit of the children.

How to be as Smart as a Kindergartener

Just as I have seen relationships deteriorate when basic niceties are missing, I have seen efforts to show more courtesy strengthen the most strained relationships.

I think of a defensive mother who opened up to collaboration after her co-parent started the mediation by thanking her for helping out last week.

I think of an impatient father slow down after his wife politely asked him to be patient with her during the mediation session.

I think of a resentful husband write an email more carefully after he received a surprisingly respectful email from his divorced wife.

3 Adult Strategies for Implementing the “Magic Words”

1.     Avoid presumptions and entitlement.

Just because someone does something nice on a regular basis does not mean it should be expected, or go unnoticed. If your wife stays at home alone with the kids every Thursday so you can play cards with the boys, thank her…every Thursday.

2.     Avoid relationship laziness.

If you need something from upstairs you can either tell your eight year old to go get it, or you can ask him to please go get it. The former conveys that being bossy and controlling is the norm; the latter engenders goodwill and conveys that respect is a core value of positive relationships.

3.     Avoid assumptions.

Do not assume that your co-parent knows that you appreciate how hard she’s working to make ends meet. Tell her. Regularly.

As kindergarteners have been told for generations, remember to mind your P’s and Q’s.

Please.

Thank you.

Please comment below — I would love to hear from you!

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 who might be dealing with divorce can benefit from your ideas and reactions? Thank you, thank you, thank you!! 

two men playing ping pong in an office

Ping-Pong Arguments: Two Tips for Dealing with Family Conflict Inspired by the Divorce Mediation Process

in , , , , , ,

There are some great concepts that mediators use in the mediation process that can be applied right at home. Let’s break down mediator jargon to make it useful for dealing with family conflict.

My way or the highway doesn’t work well in the divorce mediation process, and it won’t in your home either…

Positions:

Many clients come in to mediation with a shared problem but opposing ideas for how to solve the problem.

A position is a client’s stance and perspective on an issue.

Why care about positions?

Positions can be helpful as starting points in a negotiation.

However, resolving disputes becomes very difficult when people become stuck in their position.

I have an ongoing parenting mediation that has created its own verbiage.

The two parents often get stuck arguing about positions. At these times I ask if they are back playing ping-pong, pounding their position over the net harder and harder in a heated ping-pong deadlock.

If either agrees they step back, take some breathes, and accept that the discussion is not even remotely helpful!

They put down the rackets and try another game.

Examples of “Positions” in a Typical Household

Example #1:

Wife: I want the kids to go to public school.

Husband: I want the kids to go to private school.

Example #2:

Parent: You are not going to that party Saturday night.

Teenager: There’s no way you’re stopping me from going to the party Saturday night.

There are only two possible outcomes here:

1. Someone wins and someone loses.

And the impact of this? Relationship destruction.

2. Stalemate.

And the impact of this? Relationship destruction.

If my way or the highway doesn’t work, how does the divorce mediation process create an “our way?”

Interests:

Behind every position lies a complex web of motivations, concerns, desires, goals, values and belief systems.

Interests are someone’s true motives – the “stuff” that is most important to them – and the needs that underlie their positions.

Why do we care about interests?

For one, it’s much harder to play ping-pong with interests.

You see, positions are a potential solution to a problem.

Interests, on the other hand, are the problems needing solutions.

In ping-pong, there is only one undeniable, satisfied, and powerful victor.

Once the discussion is about interests — the “important stuff” — there are far more ways for both to get their interests met.

End the ping-pong game, and there is hope for two undeniable, satisfied, and powerful victors.

Mediators call this the “win-win.”

Examples of “Interests” in a Typical Household

Example #1:

Wife: I’m worried about money and figure we are already paying property tax – why pay two tuitions?

(Interest = financial security)

Husband: I hated public school. I don’t want the kids to feel lost in the shuffle like I did.

(Interest = engaging and inclusive educational experience for the kids)

They now know the issues involve the wife’s financial insecurity and the husband’s fear of the children having a horrible school experience.

Now they can get down to work and explore the vast alternative ways to ensure financial security AND increase the chances their children have a great educational experience.

Maybe they explore school choice, or charter schools, or have a meeting with the principal, or explore loan options, or, or, or…

Example #2:

Parent: I keep hearing about kids driving drunk and I’m scared you’re going to get hurt.

(Interest = safety of her child)

Teenager: If I don’t go to this party I may lose my one chance to get together with Julieann. My friends have been all over me and they will think I wimped out. That I was scared.

(Interest = getting together with a girl and avoiding embarrassment)

A positional argument would result in yelling, tears, and relationship breakdown.

An interest-based discussion makes it possible to find ways to guarantee safe driving AND for the teenager save face and see Julieann.

Helping clients move from inflexible positions to underlying interests lies at the heart of mediation.

How does learning about the use positions and interests in the divorce mediation process help you think about your family conflicts?

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!!

keyboard with a blue Translate button

Need Marriage Help? Does Your Partner Ever Sound Like They Speak A Foreign Language? How To Handle Conflict Using Mediation Techniques

in , , ,

When you are arguing with someone do you ever feel like the other person is speaking a foreign language? That they don’t make any sense?

When this happens to me it is like listening to french over twenty years after studying it in high school — I recognize a few words but miss the larger meaning!

When this happens to you I bet you give the other person a blank perplexed look, feeling confused and frustrated.

And then you start arguing or angrily walk away, right?

Help Wanted: A Translator Is Needed For Marriage Help

I am sure you won’t be surprised that I see this dynamic among mediation clients all the time.

A client once told me that her friend questioned the time she was putting in to her divorce mediation. She wanted to know if it was worth the travel, the money, and the time. My client answered with an emphatic, YES!

Asked why, she explained that it was because she felt the mediator was her translator – without me none of her thoughts, feelings or ideas would be heard or understood by her husband.

So What Does This Have To Do With Me???

Everything.

This is not a sales pitch for mediation.

It is a sales pitch for thinking differently when faced with a frustrating conversation.

In my experience, when someone sounds like they are speaking a foreign language it is not because what they are saying is inherently wrong or bad. It is the WAY they are saying it that is completely ineffective.

Let’s take my mediation couple as an example.

They would come in full of anger and indignation over an issue that took place earlier in the week. I would meet with one and hear their story. I would meet with the other and hear their story. And here’s what was uncanny.

It was the same story! Just told and interpreted in very different ways.

This particular case required many private sessions. When I would report back to one of them about progress on the problem du jour, they would look at me in surprise, and have a hard time believing that agreements had been forged.

What if you could get this kind of marriage help on your own without the help of a mediator?

So Here’s the Trick Using Mediation Techniques

Here are two essential tools of the mediation trade that can help you become your own translator.

1. Mediators reflect back what their client is saying.

In other words, they make sure that they truly understand what the person is saying before moving on and responding.

Teachers call this checking for understanding. Counselors call it reflective listening.

Call it what you want.

But don’t respond until you really feel like you understand what the other person is saying.

2. Mediators seek to clarify information.

Rather than reacting to what someone is saying, especially if it seems confusing, illogical or frustrating, follow step #1 and validate, and then ask more questions to gain clarification.

This step is like being a detective — you are drilling for information so you can be confident that you understand what is being said.

3. If you are still confused, rinse and repeat.

Often, you can figure it out on your own with time and effort, and more than a pinch of patience. But it can be done.

It’s hard to resolve conflict when you don’t have a clue what the other person is saying.

Figuring out how to translate is the first step.

In what other ways have you dealt with someone who is confusing and perplexing? Please share your ideas and reactions in the comments section!

LinkedIn Users: 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 for reading my mediation post about marriage help!

Ben Stich Mediator, LICSW, M.Ed

Services

Contact Us

Schedule a Free Mediation Consultation.

Contact Ben

Schedule FREE Consultation