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Transformative Moments in Co-Parenting Mediation

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Co-Parenting Mediation: Setting the Stage

I recently ended a co-parenting mediation session between two unmarried parents, and the outcome they’re hoping for may transform their relationship in a way neither expected. Let me set the stage—this was not a low-conflict situation. They came to me for parenting mediation because of several significant issues:

  • The father had filed a restraining order against the mother last summer.
  • The mother lost income due to charges filed by the Commonwealth.
  • They have three children, ages 5 to 14, who primarily live with the father, though the mother has regular parenting time.
  • The father’s rent is below market value, but his lease isn’t being renewed, and he cannot afford to stay in the community.
  • The father believes the mother hasn’t been transparent about her financial situation in court.
  • The mother thinks the father is vindictive and trying to hurt her.
  • The father is considering moving out of state to live closer to family in a more affordable area.
  • The mother wants to be as involved in the children’s lives as possible.
  • The father dropped the restraining order the week before mediation began.

As you can see, this wasn’t a simple or cooperative dynamic.

Preparing for Co-Parenting Mediation

Before our joint mediation session, I met with each parent privately. These pre-mediation prep sessions are especially important when the conflict level is high. It gave each of them space to share their history and concerns with me without having to revisit it in front of each other. This approach can help shift the focus from rehashing the past to building a better future.

During these sessions, we explored their goals, communication styles, and what might trigger conflict. We also talked about what they both wanted for their children. Surprisingly, despite their differences, they shared many common goals:

  • Rebuilding trust.
  • Establishing more financial transparency.
  • Putting the children’s interests ahead of their own.

What a Moment!

When we came together for mediation, it became clear that the father had a lot he hadn’t said to the mother—things that could help them move toward a better co-parenting relationship.

With tears streaming down his face, he said:

“I believe I made the right decision to file the restraining order when everything happened. But I didn’t realize all the other problems it would cause. I’m sorry for the embarrassment you faced, for the money you lost because of your jobs. I’m sorry for what it’s done to our relationship. I’m truly sorry. I want to do what I can to help us get to a better place.”

It was an authentic apology—raw, heartfelt, and unexpected.

The conversation that followed wasn’t easy. They tackled difficult financial issues and explored out-of-the-box ideas to meet their shared goals. But something shifted in the room.

Moving Forward Together as Co-Parents

They have a lot of work ahead, but now they’re working together toward:

  • Rebuilding trust.
  • Establishing financial transparency.
  • Prioritizing their children’s well-being.

At the end of the session, the mother looked at the father and said, “I’m so glad you agreed to mediate with me. I feel relieved, and I know we’re going to figure this out. Thank you.”

The father looked up and said, misty-eyed, “Me too.”

 

 

Hopeful Stock photos by Vecteezy

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Divorce and Special Needs

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Divorce and Special Needs Parenting 

Parenting children with special needs is complex, and made even more challenging when balancing it with a divorce.

There are so many questions. How do you divide time and responsibilities in a way that best supports your child? What type of parenting schedule will set your child up for success? How can you best coordinate services between two homes?

Divorce mediation is a process that allows you, as parents, to craft a plan that best meets your children’s needs. By doing so, the plan does not need to be cookie-cutter and can be developed with carefully consideration, together.

You can find below examples of how developing a parenting plan in a mediated divorce can be guided by your child’s unique needs.

Note, the examples are used for illustrative purposes only, and should not be construed as legal or clinical advice related to parenting children with disabilities.

Autism Example

Co-parenting a child with autism often requires consistency, structure, and clear communication. Many children with autism thrive on routines, so a parenting plan needs to account for that. Mediation allows you to work together on creating a schedule that minimizes disruptions—things like bedtimes, meal routines, and school pickups. For an elementary-age child who depends on predictable routines, having two parents aligned on these details can be a game-changer.

In mediation, you can also collaborate on special needs services like therapy or social skills groups. Instead of turning it into a tug-of-war, mediation makes it possible to build a united front. After all, there are only so many meltdowns you can take over switching dinner time from 6:00 to 6:15, right? And so developing a plan together can mitigate some of these predictable challenges.

ADHD Example

Middle school can be tough for any child, but when you add ADHD to the mix, it can be a whole new level of challenge. A child with ADHD—especially if they’re disorganized or struggle with focus—needs a parenting plan that keeps them on track across both households. Mediation allows you as co-parents to establish consistent expectations for each other–such as how to manage transferring schoolbooks, sports equipment, instruments and so on between homes. If communication between you is difficult without the help of a third-party facilitator, mediation also provides an opportunity to decide on expectations for your child across homes, like homework routines, organization strategies, and even how to handle screen time.

Through mediation, you can also discuss how to support your child with executive functioning challenges. Maybe one of you is better at helping with schoolwork, while they are great at fostering creative outlets—mediation lets you divide responsibilities based on strengths, not just splitting time down the middle.

Severe Medical Needs Example

High school brings its own challenges, and for parents of a child with severe medical needs, things can get especially tricky. Whether it’s managing doctor appointments, medications, or emergency plans, a lot of coordination is required. Mediation can help you agree on how to handle medical decision-making and communication with healthcare providers.

A parenting plan can also account for your work schedules and proximity to medical facilities, ensuring that your child’s medical needs are met without unnecessary stress. With mediation, you can fine-tune these logistics and even divide tasks like those never-ending calls to the insurance company, school, and state agencies.

Anxiety Example

Teenagers already dealing with significant anxiety, divorce can add to their stress. A high schooler with anxiety might need extra emotional support, and mediation can help you agree on how to best provide it—whether that’s ensuring consistency in therapy sessions, maintaining a calm and supportive environment, or even aligning on how you’ll approach big events like school dances (because “everyone is going, Mom!”).

In mediation, you can also discuss strategies for managing transitions between homes, which can be particularly stressful for anxious kids. Creating a plan, for example, that minimizes abrupt changes and offers plenty of reassurance might make a world of difference. No judge or attorney is going to know how best to reduce YOUR child’s anxiety, after all!

Transitioning-Age Youth Example

For parents of children with severe special needs, the transition to adulthood comes with unique challenges. In divorce mediation, care must be given to crucial issues such as guardianship, eligibility for government or private agency benefits, employment opportunities, social skills development, and even long-term custodial care. Unlike typically developing children—where child support and custody usually end at the age of majority or after college—parents of children with special needs may be looking at life-long caregiving responsibilities. Mediation allows both of you to address these long-term realities and create a co-parenting plan that ensures the best possible future for your child, even as they transition into adulthood.

Why Divorce Mediation Helps Parents of Children with Special Needs

One of the beauties of divorce mediation is its flexibility. Unlike court-imposed solutions, mediation allows you, as co-parents, to create a parenting plan that is uniquely tailored to your child’s needs. You can think through the little details, talk openly about concerns, and come up with solutions that work for your family—without the added drama of courtroom battles.

In the end, mediation offers a chance for you to focus less on the “divorce” part and more on the “parenting” part. After all, whether you are wrangling an ADHD middle-schooler or navigating life with a medically complex high-schooler, raising kids is already a full-time job. Working together in mediation, even if it’s hard, can set the stage for a plan that meets the special needs of your child and family.

If you would like to learn more about how divorce mediation or collaborative law might help your situation please schedule a complementary half-hour divorce mediation consultation with Ben Stich or a member of his stellar mediation team.

Photo by Nathan Anderson on Unsplash

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One of the Benefits of Divorce Mediation in Massachusetts: “Winning”

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There are so many myths about divorce and divorce mediation.

Here’s one: Winning

Let’s be real: divorce should not be a contest. There are no shiny trophies at the end, no confetti raining down to celebrate who “won” the biggest chunk of the house, the kids, or the dog. In fact, if you’re in a mindset of “winning” in divorce, you’re likely to “lose”—lose more money, more time, more peace, and lose opportunity for your children to experience less stress.

Because here’s the truth—the only real win is a collaborative win, especially when it comes to your kids.

Winning Redefined: One of the Benefits of Divorce Mediation

In divorce mediation, it’s tempting to focus on getting the upper hand, but this can lead to unnecessary conflict and hurt. Instead, one of the benefits of divorce mediation in Massachusetts is that it offers a chance to rethink “winning” as creating solutions where both of you come out better than you thought possible.

Are you seriously telling me that divorce mediation is kumbaya?

Of course not. Divorce requires difficult decisions. After all, there are finite financial resources and a finite amount of time to spend with children. There are always gains and losses when it comes to divorce. But you can work together to create a balanced agreement where you both feel heard and respected. That’s the real win.

Examples of the Benefits of Redefining Winning in Divorce Mediation:

Parenting Example

Take parenting time. You could push for all the overnights or weekends, but will that really be best for your kids, or are you just trying to “win” the most time?

A true win-win might involve a flexible parenting schedule that prioritizes the kids’ well-being, giving them quality time with both parents. Maybe one parent has the kids during the school week, while the other gets more time during holidays and vacations. Maybe there are a lot of short periods of time with each parent because it’s best for the children to see each parent frequently. Or perhaps it’s better to have a schedule with as few transitions as possible because your child struggles with transitions. It’s about what works best for the family, not who gets the most time (your children are not possessions to be split up!).

Asset Division Example

Or, let’s talk think about asset division—a common battleground. Instead of fighting to keep the assets that are most important you why not work together to accomplish both your goals? Maybe one spouse stays in the house until the kids are out of school, and then it’s sold, with the proceeds split. Or you keep more retirement assets because retiring soon is your highest priority and your spouse keeps more equity in the house because perhaps homeownership is their highest priority.

Child Support Example

Then there’s child support. Instead of looking at support as a loss for you and a gain for them, think of it as ensuring both of you as parents can meet your children’s needs. Maybe it strictly follows the child support guidelines and maybe it’s structured creatively.

Creating Balanced Agreements is One of the Benefits of Divorce Mediation in Massachusetts

Divorce doesn’t have to be about beating your spouse—it can be about finding a way forward that works for everyone. A joint win means reaching agreements that honor your needs, respect your spouse’s interests, and—most importantly if you are parents—set your kids up for success.

So, no, there’s no “winner” in divorce. But with the right mindset, you can walk away with something that feels fair and equitable to both of you.

If you would like to learn more about how divorce mediation or collaborative law might help your situation please schedule a complementary half-hour divorce mediation consultation with Ben Stich or a member of his stellar mediation team.

Photo by Jelly Dollar on Unsplash

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How to Divorce Online: Free Online Mediation Checklist

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Resolving divorce and family conflicts are more important now than ever during Covid-19. Thankfully, we live in an age of sophisticated technology. Zoom online mediation brings the mediation room to you!

I have provided virtual remote mediation for many years to accommodate clients living in different locations. And I have learned a lot about what makes for a successful Zoom mediation.

Online Divorce: Do’s and Don’ts

DO Plan Ahead

Mediating stressful conflict occurs best when you are comfortable, free of distractions, and have what you need to keep yourself calm. To that end, consider:

Location: Where can I have the most privacy? My bedroom? My office? My car? The basement?

Minimizing Distractions: Where will the kids be? What can they be doing outside of earshot? What about the dog?

Timing: How can I avoid needing to multi-task? Should I cook before or after? Can I clear my work calendar for two hours?

Comfort — Physically and Emotionally: What do I need to be comfortable? Can I fill up my water bottle in advance? Do I need something to fidget with? If I’m living with my spouse should we be together? Or separate rooms on different devices?

Preparation: Should I have paper and pen to take notes? Have I printed out forms that I need? Do I have a calculator available?

Technology: Am I familiar with Zoom (click here for Zoom tutorials)? Should I do a test call? Where do I have the strongest Wi-Fi connection? What device am I going to use? Do I need to start my video and audio settings?

 

Click for Free Online Mediation Checklist
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When Divorcing Online, Avoid…

Driving: Believe it or not, zoom driving happens. It’s dangerous! And distracting. If your car is the most private spot make sure you’re parked.

Being too Informal: It can be easy to loosen boundaries in the comfort of your own home. Remember, mediation typically occurs in a formal conference room — aim to present yourself as you would in my office!

Drinking Alcohol: In the comfort of your home it might be tempting to have a drink while mediating — if you wouldn’t do it in my office, don’t do it at home during mediation. It will interfere with your decision-making and compromise the process.

Inflammatory/Intimidating Backgrounds: Do not fiddle with weapons, cut vegetables with a sharp knife, have a photo of your new significant other in the background, or expose the other party to things that will increase tension, stress, and obstacles to good-faith negotiation.

A Word about Kids and Online Divorce Mediation

Mediating from home is hard, particularly for parents. Remember, it is in your kids’ best interest they are not exposed to:

  • Financial matters between parents
  • Court and legal matters between parents
  • Conflict, tension, and arguing between their parents

Make sure your kids are engaged in an activity out of ear-shot. If necessary, let me know that you need to take breaks to check-in with your kids..or if your kids walk in the room unexpectedly!

Balancing parenting, work, and a divorce from home is a tall-task. Part of my job is to make the process work for you — and that includes making adjustments so that online divorce and family mediation is as effective as in-person mediation!

What other recommendations do you have for how to mediate divorce during Covid-19 online? Please leave a comment!

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Move Ahead with your Divorce: Zoom Remote Divorce Mediation

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Email from divorce mediation client:

“Ben, looks like we will have to postpone our divorce mediation with the Coronavirus and everything going on. We’ll be in touch.”

In the last week during the Covid-19 stay-at-home orders I  received multiple emails just like this one.

Zoom to the Rescue!

I am happy to report that family and divorce mediation has proven incredibly effective now that we are in the Covid-19 era using Zoom remote video conferencing.

In fact, I have provided Zoom remote divorce mediation for years for out-of-state clients. Other times I have provided zoom remote mediation for clients who do not want to be physically in the same room together but see the benefit of communicating and negotiating directly.

Benefits of Remote Video Conference Divorce Mediation

Zoom remote divorce mediation is effective because:

  • Clear Communication: Participants can see each other’s body language, hear tone, read facial expressions, just like in-person meetings
  • Private Session Options: The mediator can still move to confidential private sessions during a longer mediation using “breakout room” features
  • Document Review: Everyone can look at, review, and fill out documents together using “screen-sharing” features

Additional benefits to Zoom remote divorce and family mediation include:

  • Comfort: Parties can make themselves comfortable in their homes or offices. Some mediate from couches, desks, and even outside on their patio on a nice day
  • Time-Saver: Remote mediation eliminates travel time
  • Flexible Scheduling: I am able to offer more flexible scheduling options since I too (during Covid-19 in particular) can meet earlier or later in the day without worry about commuting issues

 

Click for Free Online Mediation Checklist

 

Stay-at-home orders during Covid-19 did not need to slow down divorce negotiations or efforts to resolving family conflict. We have learned a lot about making zoom remote divorce mediation effective and most clients find it more convenient and effective than driving to an office and sitting in a stuff conference room.

Email response to client:

“I hope you and your family are healthy and faring well during this challenging time. I have mediated over video conference for many years. Would you like to learn more about how that works so you can continue to make progress with your mediation?”

While some parents lament how much screen-time their kids have we can be grateful that “screen-time” can help mediation clients continue to move forward with their lives!

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Your Kids and Divorce: Mediating a Child-First Divorce

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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.

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What is a Mediator? Mediation Questions Answered on the Inside Divorce Podcast

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I had a blast recently being interviewed by divorce attorney Cynthia Auckly-Barbuto of the Law Firm of Grossman & Associates (now Sassoon Cymrot Law) in Newton, MA. Cynthia hosted an edition of their Inside Divorce Podcast. We spent a half hour answering questions like “What is a mediator?” and “How can mediation help parents in high conflict situations divorce?”

Hear Ben Stich Featured on the INSIDE DIVORCE PODCAST

My interview on the Inside Divorce Podcast is described on their website as:

On Inside Divorce Episode 17, Cynthia Auckly-Barbuto, Senior Associate Attorney at Grossman & Associates, speaks with Ben Stich, LICSW, M.Ed., a Family and Divorce Mediator in Natick, MA (www.benstich.com). Ben specializes in separation and divorce mediation, parenting, modification, decision-making & communication, as well as martial issues. Ben also mediates elder issues like estate planning and end of life planning. Ben specializes in interest based facilitated mediation. In this episode Ben talks about different strategies he often uses in high conflict cases to best reach resolution in the mediation process. Ben is also an instructor for the Commonwealth’s only mandated High Conflict Parenting Education Program at William James College. The course is 9-weeks and focuses on conflict resolution & skill development.

What is a mediator? Hear me answer that and other questions about mediation, high conflict parenting, and divorce.

Grossman & Associates is a full service family law firm that prides itself on going above and beyond for their clients. They attend to the big matters and small matters with same attention and detail that all clients deserve.

If this interview was of interest please check out Ben’s interview with Alan Margulis from the Total Counselor Show on WCRN.

To learn more about divorce mediation or family mediation contact mediator Ben Stich for more information.

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How to Divorce in Massachusetts Using Mediation: An Interview on WCRN

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I had the great fortune to be interviewed by Attorney Allen Margulis of the Total Counselor Show on WCRN on July 31st about how to divorce in Massachusetts. During the hour-long interview we discussed the different ways to get divorced in Massachusetts, with a particularly emphasis on divorce mediation.

I shared one of my favorite mediation stories: Two parents came to me after spending six figures on their contested divorce process without any progress…and resolved the entire divorce in under $5,000 total mediation fees!

In addition to the financial and time benefits to mediation we discussed at length the destructive impact parental conflict has on child well-being, and how mediation can help parents craft great parenting plans. We also reviewed the role mediation can play to help with a range of family conflicts outside the context of divorce.

I hope you enjoy listening to three of the segments I have linked below!

Segment 1: How to Divorce in Massachusetts

Segment 2: How to Divorce in Massachusetts

Segment 3: How to Divorce in Massachusetts

 

A big thank you to Allen for hosting me on the show. Attorney Margulis is a respected Estate, Tax, Real Estate and Business Planning. Allen considers himself a tax-centric lawyer. He provides his clients with a complete and comprehensive strategic plan aimed at achieving their goals and objectives. He dedicates himself to providing all of his clients with superior service. Allen has 26 years experience in tax and accounting and 16 years in law. To contact Attorney Margulis click here.

For a free mediation consultation with mediator Ben Stich click here.

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Mediators Can Help HIGH Conflict: Fact or Fiction?

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People tell me “I want to refer someone to you but they are really high conflict so there’s no way mediation could work for them.”

Then, I take a deep breathe, resist the urge to say something like “that doesn’t make sense!” and ask them to tell me about the situation.

FICTION: Mediators only works for couples who are amicable.

FACT: Mediation is a structured process that helps people in conflict come to resolution.

Mediators Say, Bring on the Conflict!

Divorcing spouses who hate each other?

Yup.

Co-parents who not have spoken face-to-face in years.

Yes.

Teenagers who “hate” their parents?

Uh-huh, that too.

Mediation is all about resolving conflict! Low conflict, high conflict, and everything in between.

Can mediation resolve all disputes? Of course not. But it sure can more than the public realizes.

Divorce Mediation Fiction

Conventional thinking about mediation is that it can’t work because the parties are:

  • Too combative
  • All about blame
  • Unwilling to consider another point of view
  • Resentful and vindictive

And this is just a sampling.

Challenging dynamics for sure.

Family Mediation Fact

I recently mediated a case with all those factors in play.

After nine months of paying attorneys thousands of dollars to try to settle and prepare for a trial these clients had made no progress. Not even one itty-bitty agreement.

As a last ditch effort to avoid a drawn-out ugly and exorbitantly expensive trial they tried mediation. The wife walked in and started the session by announcing that she has no confidence in the process, and this will likely be the first — and last — session.

Not an ideal starting point!

The tension was palpable.

It took some time, and lots of structure and intervention from me, but slowly they started to hear each other. They started to increase understanding of one another (NOTE: understanding is different than agreeing!). What started with hostility and blame often shifted to listening and problem-solving. And they started making decisions.

And the mediation fact is they successfully divorced.

The first step of any effective mediation must be two (or more) parties’ voluntary engagement in the process. Once engaged, family and divorce mediators have the skills and experience required to help folks navigate their disputes.

Mediators facilitate safe, constructive communication by:

  • Creating a safe and structured physical environment
  • Modelling and teaching effective communication skills
  • Helping clients stay calm
  • Guiding clients toward mutually satisfactory problem-solving (click here to learn more about positions and interests)
  • Teaching effective proposal-making approaches
  • and more….

Mediator Facts Matter…

My favorite mediations are those involving a high conflict situation. It’s when I have the greatest positive impact for my clients, and their children (if they have any).

In the end, having a skilled mediator increases the chances the parties will be able to:

  • Remain the decision-makers in their own dispute (particularly important with child-related matters)
  • Save a lot of money
  • Save a lot of time
  • Save a lot of heartache going through an adversarial litigation process
  • Improve their communication
  • Decrease long-term conflict
  • Move forward with certainty about the outcome of their conflict
  • Repair some or all of the relationship
  • And when children are involved, develop much better child-centered parenting plans (stay tuned for an upcoming post on mediating with parents in a high conflict relationship)

The FACT of the matter is this: Mediation IS an effective model for resolving high conflict disputes.

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Transformative Moments in Co-Parenting Mediation

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Co-Parenting Mediation: Setting the Stage

I recently ended a co-parenting mediation session between two unmarried parents, and the outcome they’re hoping for may transform their relationship in a way neither expected. Let me set the stage—this was not a low-conflict situation. They came to me for parenting mediation because of several significant issues:

  • The father had filed a restraining order against the mother last summer.
  • The mother lost income due to charges filed by the Commonwealth.
  • They have three children, ages 5 to 14, who primarily live with the father, though the mother has regular parenting time.
  • The father’s rent is below market value, but his lease isn’t being renewed, and he cannot afford to stay in the community.
  • The father believes the mother hasn’t been transparent about her financial situation in court.
  • The mother thinks the father is vindictive and trying to hurt her.
  • The father is considering moving out of state to live closer to family in a more affordable area.
  • The mother wants to be as involved in the children’s lives as possible.
  • The father dropped the restraining order the week before mediation began.

As you can see, this wasn’t a simple or cooperative dynamic.

Preparing for Co-Parenting Mediation

Before our joint mediation session, I met with each parent privately. These pre-mediation prep sessions are especially important when the conflict level is high. It gave each of them space to share their history and concerns with me without having to revisit it in front of each other. This approach can help shift the focus from rehashing the past to building a better future.

During these sessions, we explored their goals, communication styles, and what might trigger conflict. We also talked about what they both wanted for their children. Surprisingly, despite their differences, they shared many common goals:

  • Rebuilding trust.
  • Establishing more financial transparency.
  • Putting the children’s interests ahead of their own.

What a Moment!

When we came together for mediation, it became clear that the father had a lot he hadn’t said to the mother—things that could help them move toward a better co-parenting relationship.

With tears streaming down his face, he said:

“I believe I made the right decision to file the restraining order when everything happened. But I didn’t realize all the other problems it would cause. I’m sorry for the embarrassment you faced, for the money you lost because of your jobs. I’m sorry for what it’s done to our relationship. I’m truly sorry. I want to do what I can to help us get to a better place.”

It was an authentic apology—raw, heartfelt, and unexpected.

The conversation that followed wasn’t easy. They tackled difficult financial issues and explored out-of-the-box ideas to meet their shared goals. But something shifted in the room.

Moving Forward Together as Co-Parents

They have a lot of work ahead, but now they’re working together toward:

  • Rebuilding trust.
  • Establishing financial transparency.
  • Prioritizing their children’s well-being.

At the end of the session, the mother looked at the father and said, “I’m so glad you agreed to mediate with me. I feel relieved, and I know we’re going to figure this out. Thank you.”

The father looked up and said, misty-eyed, “Me too.”

 

 

Hopeful Stock photos by Vecteezy

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Divorce and Special Needs

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Divorce and Special Needs Parenting 

Parenting children with special needs is complex, and made even more challenging when balancing it with a divorce.

There are so many questions. How do you divide time and responsibilities in a way that best supports your child? What type of parenting schedule will set your child up for success? How can you best coordinate services between two homes?

Divorce mediation is a process that allows you, as parents, to craft a plan that best meets your children’s needs. By doing so, the plan does not need to be cookie-cutter and can be developed with carefully consideration, together.

You can find below examples of how developing a parenting plan in a mediated divorce can be guided by your child’s unique needs.

Note, the examples are used for illustrative purposes only, and should not be construed as legal or clinical advice related to parenting children with disabilities.

Autism Example

Co-parenting a child with autism often requires consistency, structure, and clear communication. Many children with autism thrive on routines, so a parenting plan needs to account for that. Mediation allows you to work together on creating a schedule that minimizes disruptions—things like bedtimes, meal routines, and school pickups. For an elementary-age child who depends on predictable routines, having two parents aligned on these details can be a game-changer.

In mediation, you can also collaborate on special needs services like therapy or social skills groups. Instead of turning it into a tug-of-war, mediation makes it possible to build a united front. After all, there are only so many meltdowns you can take over switching dinner time from 6:00 to 6:15, right? And so developing a plan together can mitigate some of these predictable challenges.

ADHD Example

Middle school can be tough for any child, but when you add ADHD to the mix, it can be a whole new level of challenge. A child with ADHD—especially if they’re disorganized or struggle with focus—needs a parenting plan that keeps them on track across both households. Mediation allows you as co-parents to establish consistent expectations for each other–such as how to manage transferring schoolbooks, sports equipment, instruments and so on between homes. If communication between you is difficult without the help of a third-party facilitator, mediation also provides an opportunity to decide on expectations for your child across homes, like homework routines, organization strategies, and even how to handle screen time.

Through mediation, you can also discuss how to support your child with executive functioning challenges. Maybe one of you is better at helping with schoolwork, while they are great at fostering creative outlets—mediation lets you divide responsibilities based on strengths, not just splitting time down the middle.

Severe Medical Needs Example

High school brings its own challenges, and for parents of a child with severe medical needs, things can get especially tricky. Whether it’s managing doctor appointments, medications, or emergency plans, a lot of coordination is required. Mediation can help you agree on how to handle medical decision-making and communication with healthcare providers.

A parenting plan can also account for your work schedules and proximity to medical facilities, ensuring that your child’s medical needs are met without unnecessary stress. With mediation, you can fine-tune these logistics and even divide tasks like those never-ending calls to the insurance company, school, and state agencies.

Anxiety Example

Teenagers already dealing with significant anxiety, divorce can add to their stress. A high schooler with anxiety might need extra emotional support, and mediation can help you agree on how to best provide it—whether that’s ensuring consistency in therapy sessions, maintaining a calm and supportive environment, or even aligning on how you’ll approach big events like school dances (because “everyone is going, Mom!”).

In mediation, you can also discuss strategies for managing transitions between homes, which can be particularly stressful for anxious kids. Creating a plan, for example, that minimizes abrupt changes and offers plenty of reassurance might make a world of difference. No judge or attorney is going to know how best to reduce YOUR child’s anxiety, after all!

Transitioning-Age Youth Example

For parents of children with severe special needs, the transition to adulthood comes with unique challenges. In divorce mediation, care must be given to crucial issues such as guardianship, eligibility for government or private agency benefits, employment opportunities, social skills development, and even long-term custodial care. Unlike typically developing children—where child support and custody usually end at the age of majority or after college—parents of children with special needs may be looking at life-long caregiving responsibilities. Mediation allows both of you to address these long-term realities and create a co-parenting plan that ensures the best possible future for your child, even as they transition into adulthood.

Why Divorce Mediation Helps Parents of Children with Special Needs

One of the beauties of divorce mediation is its flexibility. Unlike court-imposed solutions, mediation allows you, as co-parents, to create a parenting plan that is uniquely tailored to your child’s needs. You can think through the little details, talk openly about concerns, and come up with solutions that work for your family—without the added drama of courtroom battles.

In the end, mediation offers a chance for you to focus less on the “divorce” part and more on the “parenting” part. After all, whether you are wrangling an ADHD middle-schooler or navigating life with a medically complex high-schooler, raising kids is already a full-time job. Working together in mediation, even if it’s hard, can set the stage for a plan that meets the special needs of your child and family.

If you would like to learn more about how divorce mediation or collaborative law might help your situation please schedule a complementary half-hour divorce mediation consultation with Ben Stich or a member of his stellar mediation team.

Photo by Nathan Anderson on Unsplash

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One of the Benefits of Divorce Mediation in Massachusetts: “Winning”

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There are so many myths about divorce and divorce mediation.

Here’s one: Winning

Let’s be real: divorce should not be a contest. There are no shiny trophies at the end, no confetti raining down to celebrate who “won” the biggest chunk of the house, the kids, or the dog. In fact, if you’re in a mindset of “winning” in divorce, you’re likely to “lose”—lose more money, more time, more peace, and lose opportunity for your children to experience less stress.

Because here’s the truth—the only real win is a collaborative win, especially when it comes to your kids.

Winning Redefined: One of the Benefits of Divorce Mediation

In divorce mediation, it’s tempting to focus on getting the upper hand, but this can lead to unnecessary conflict and hurt. Instead, one of the benefits of divorce mediation in Massachusetts is that it offers a chance to rethink “winning” as creating solutions where both of you come out better than you thought possible.

Are you seriously telling me that divorce mediation is kumbaya?

Of course not. Divorce requires difficult decisions. After all, there are finite financial resources and a finite amount of time to spend with children. There are always gains and losses when it comes to divorce. But you can work together to create a balanced agreement where you both feel heard and respected. That’s the real win.

Examples of the Benefits of Redefining Winning in Divorce Mediation:

Parenting Example

Take parenting time. You could push for all the overnights or weekends, but will that really be best for your kids, or are you just trying to “win” the most time?

A true win-win might involve a flexible parenting schedule that prioritizes the kids’ well-being, giving them quality time with both parents. Maybe one parent has the kids during the school week, while the other gets more time during holidays and vacations. Maybe there are a lot of short periods of time with each parent because it’s best for the children to see each parent frequently. Or perhaps it’s better to have a schedule with as few transitions as possible because your child struggles with transitions. It’s about what works best for the family, not who gets the most time (your children are not possessions to be split up!).

Asset Division Example

Or, let’s talk think about asset division—a common battleground. Instead of fighting to keep the assets that are most important you why not work together to accomplish both your goals? Maybe one spouse stays in the house until the kids are out of school, and then it’s sold, with the proceeds split. Or you keep more retirement assets because retiring soon is your highest priority and your spouse keeps more equity in the house because perhaps homeownership is their highest priority.

Child Support Example

Then there’s child support. Instead of looking at support as a loss for you and a gain for them, think of it as ensuring both of you as parents can meet your children’s needs. Maybe it strictly follows the child support guidelines and maybe it’s structured creatively.

Creating Balanced Agreements is One of the Benefits of Divorce Mediation in Massachusetts

Divorce doesn’t have to be about beating your spouse—it can be about finding a way forward that works for everyone. A joint win means reaching agreements that honor your needs, respect your spouse’s interests, and—most importantly if you are parents—set your kids up for success.

So, no, there’s no “winner” in divorce. But with the right mindset, you can walk away with something that feels fair and equitable to both of you.

If you would like to learn more about how divorce mediation or collaborative law might help your situation please schedule a complementary half-hour divorce mediation consultation with Ben Stich or a member of his stellar mediation team.

Photo by Jelly Dollar on Unsplash

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How to Divorce Online: Free Online Mediation Checklist

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Resolving divorce and family conflicts are more important now than ever during Covid-19. Thankfully, we live in an age of sophisticated technology. Zoom online mediation brings the mediation room to you!

I have provided virtual remote mediation for many years to accommodate clients living in different locations. And I have learned a lot about what makes for a successful Zoom mediation.

Online Divorce: Do’s and Don’ts

DO Plan Ahead

Mediating stressful conflict occurs best when you are comfortable, free of distractions, and have what you need to keep yourself calm. To that end, consider:

Location: Where can I have the most privacy? My bedroom? My office? My car? The basement?

Minimizing Distractions: Where will the kids be? What can they be doing outside of earshot? What about the dog?

Timing: How can I avoid needing to multi-task? Should I cook before or after? Can I clear my work calendar for two hours?

Comfort — Physically and Emotionally: What do I need to be comfortable? Can I fill up my water bottle in advance? Do I need something to fidget with? If I’m living with my spouse should we be together? Or separate rooms on different devices?

Preparation: Should I have paper and pen to take notes? Have I printed out forms that I need? Do I have a calculator available?

Technology: Am I familiar with Zoom (click here for Zoom tutorials)? Should I do a test call? Where do I have the strongest Wi-Fi connection? What device am I going to use? Do I need to start my video and audio settings?

 

Click for Free Online Mediation Checklist
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When Divorcing Online, Avoid…

Driving: Believe it or not, zoom driving happens. It’s dangerous! And distracting. If your car is the most private spot make sure you’re parked.

Being too Informal: It can be easy to loosen boundaries in the comfort of your own home. Remember, mediation typically occurs in a formal conference room — aim to present yourself as you would in my office!

Drinking Alcohol: In the comfort of your home it might be tempting to have a drink while mediating — if you wouldn’t do it in my office, don’t do it at home during mediation. It will interfere with your decision-making and compromise the process.

Inflammatory/Intimidating Backgrounds: Do not fiddle with weapons, cut vegetables with a sharp knife, have a photo of your new significant other in the background, or expose the other party to things that will increase tension, stress, and obstacles to good-faith negotiation.

A Word about Kids and Online Divorce Mediation

Mediating from home is hard, particularly for parents. Remember, it is in your kids’ best interest they are not exposed to:

  • Financial matters between parents
  • Court and legal matters between parents
  • Conflict, tension, and arguing between their parents

Make sure your kids are engaged in an activity out of ear-shot. If necessary, let me know that you need to take breaks to check-in with your kids..or if your kids walk in the room unexpectedly!

Balancing parenting, work, and a divorce from home is a tall-task. Part of my job is to make the process work for you — and that includes making adjustments so that online divorce and family mediation is as effective as in-person mediation!

What other recommendations do you have for how to mediate divorce during Covid-19 online? Please leave a comment!

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Move Ahead with your Divorce: Zoom Remote Divorce Mediation

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Email from divorce mediation client:

“Ben, looks like we will have to postpone our divorce mediation with the Coronavirus and everything going on. We’ll be in touch.”

In the last week during the Covid-19 stay-at-home orders I  received multiple emails just like this one.

Zoom to the Rescue!

I am happy to report that family and divorce mediation has proven incredibly effective now that we are in the Covid-19 era using Zoom remote video conferencing.

In fact, I have provided Zoom remote divorce mediation for years for out-of-state clients. Other times I have provided zoom remote mediation for clients who do not want to be physically in the same room together but see the benefit of communicating and negotiating directly.

Benefits of Remote Video Conference Divorce Mediation

Zoom remote divorce mediation is effective because:

  • Clear Communication: Participants can see each other’s body language, hear tone, read facial expressions, just like in-person meetings
  • Private Session Options: The mediator can still move to confidential private sessions during a longer mediation using “breakout room” features
  • Document Review: Everyone can look at, review, and fill out documents together using “screen-sharing” features

Additional benefits to Zoom remote divorce and family mediation include:

  • Comfort: Parties can make themselves comfortable in their homes or offices. Some mediate from couches, desks, and even outside on their patio on a nice day
  • Time-Saver: Remote mediation eliminates travel time
  • Flexible Scheduling: I am able to offer more flexible scheduling options since I too (during Covid-19 in particular) can meet earlier or later in the day without worry about commuting issues

 

Click for Free Online Mediation Checklist

 

Stay-at-home orders during Covid-19 did not need to slow down divorce negotiations or efforts to resolving family conflict. We have learned a lot about making zoom remote divorce mediation effective and most clients find it more convenient and effective than driving to an office and sitting in a stuff conference room.

Email response to client:

“I hope you and your family are healthy and faring well during this challenging time. I have mediated over video conference for many years. Would you like to learn more about how that works so you can continue to make progress with your mediation?”

While some parents lament how much screen-time their kids have we can be grateful that “screen-time” can help mediation clients continue to move forward with their lives!

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Your Kids and Divorce: Mediating a Child-First Divorce

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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.

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What is a Mediator? Mediation Questions Answered on the Inside Divorce Podcast

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I had a blast recently being interviewed by divorce attorney Cynthia Auckly-Barbuto of the Law Firm of Grossman & Associates (now Sassoon Cymrot Law) in Newton, MA. Cynthia hosted an edition of their Inside Divorce Podcast. We spent a half hour answering questions like “What is a mediator?” and “How can mediation help parents in high conflict situations divorce?”

Hear Ben Stich Featured on the INSIDE DIVORCE PODCAST

My interview on the Inside Divorce Podcast is described on their website as:

On Inside Divorce Episode 17, Cynthia Auckly-Barbuto, Senior Associate Attorney at Grossman & Associates, speaks with Ben Stich, LICSW, M.Ed., a Family and Divorce Mediator in Natick, MA (www.benstich.com). Ben specializes in separation and divorce mediation, parenting, modification, decision-making & communication, as well as martial issues. Ben also mediates elder issues like estate planning and end of life planning. Ben specializes in interest based facilitated mediation. In this episode Ben talks about different strategies he often uses in high conflict cases to best reach resolution in the mediation process. Ben is also an instructor for the Commonwealth’s only mandated High Conflict Parenting Education Program at William James College. The course is 9-weeks and focuses on conflict resolution & skill development.

What is a mediator? Hear me answer that and other questions about mediation, high conflict parenting, and divorce.

Grossman & Associates is a full service family law firm that prides itself on going above and beyond for their clients. They attend to the big matters and small matters with same attention and detail that all clients deserve.

If this interview was of interest please check out Ben’s interview with Alan Margulis from the Total Counselor Show on WCRN.

To learn more about divorce mediation or family mediation contact mediator Ben Stich for more information.

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How to Divorce in Massachusetts Using Mediation: An Interview on WCRN

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I had the great fortune to be interviewed by Attorney Allen Margulis of the Total Counselor Show on WCRN on July 31st about how to divorce in Massachusetts. During the hour-long interview we discussed the different ways to get divorced in Massachusetts, with a particularly emphasis on divorce mediation.

I shared one of my favorite mediation stories: Two parents came to me after spending six figures on their contested divorce process without any progress…and resolved the entire divorce in under $5,000 total mediation fees!

In addition to the financial and time benefits to mediation we discussed at length the destructive impact parental conflict has on child well-being, and how mediation can help parents craft great parenting plans. We also reviewed the role mediation can play to help with a range of family conflicts outside the context of divorce.

I hope you enjoy listening to three of the segments I have linked below!

Segment 1: How to Divorce in Massachusetts

Segment 2: How to Divorce in Massachusetts

Segment 3: How to Divorce in Massachusetts

 

A big thank you to Allen for hosting me on the show. Attorney Margulis is a respected Estate, Tax, Real Estate and Business Planning. Allen considers himself a tax-centric lawyer. He provides his clients with a complete and comprehensive strategic plan aimed at achieving their goals and objectives. He dedicates himself to providing all of his clients with superior service. Allen has 26 years experience in tax and accounting and 16 years in law. To contact Attorney Margulis click here.

For a free mediation consultation with mediator Ben Stich click here.

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Mediators Can Help HIGH Conflict: Fact or Fiction?

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People tell me “I want to refer someone to you but they are really high conflict so there’s no way mediation could work for them.”

Then, I take a deep breathe, resist the urge to say something like “that doesn’t make sense!” and ask them to tell me about the situation.

FICTION: Mediators only works for couples who are amicable.

FACT: Mediation is a structured process that helps people in conflict come to resolution.

Mediators Say, Bring on the Conflict!

Divorcing spouses who hate each other?

Yup.

Co-parents who not have spoken face-to-face in years.

Yes.

Teenagers who “hate” their parents?

Uh-huh, that too.

Mediation is all about resolving conflict! Low conflict, high conflict, and everything in between.

Can mediation resolve all disputes? Of course not. But it sure can more than the public realizes.

Divorce Mediation Fiction

Conventional thinking about mediation is that it can’t work because the parties are:

  • Too combative
  • All about blame
  • Unwilling to consider another point of view
  • Resentful and vindictive

And this is just a sampling.

Challenging dynamics for sure.

Family Mediation Fact

I recently mediated a case with all those factors in play.

After nine months of paying attorneys thousands of dollars to try to settle and prepare for a trial these clients had made no progress. Not even one itty-bitty agreement.

As a last ditch effort to avoid a drawn-out ugly and exorbitantly expensive trial they tried mediation. The wife walked in and started the session by announcing that she has no confidence in the process, and this will likely be the first — and last — session.

Not an ideal starting point!

The tension was palpable.

It took some time, and lots of structure and intervention from me, but slowly they started to hear each other. They started to increase understanding of one another (NOTE: understanding is different than agreeing!). What started with hostility and blame often shifted to listening and problem-solving. And they started making decisions.

And the mediation fact is they successfully divorced.

The first step of any effective mediation must be two (or more) parties’ voluntary engagement in the process. Once engaged, family and divorce mediators have the skills and experience required to help folks navigate their disputes.

Mediators facilitate safe, constructive communication by:

  • Creating a safe and structured physical environment
  • Modelling and teaching effective communication skills
  • Helping clients stay calm
  • Guiding clients toward mutually satisfactory problem-solving (click here to learn more about positions and interests)
  • Teaching effective proposal-making approaches
  • and more….

Mediator Facts Matter…

My favorite mediations are those involving a high conflict situation. It’s when I have the greatest positive impact for my clients, and their children (if they have any).

In the end, having a skilled mediator increases the chances the parties will be able to:

  • Remain the decision-makers in their own dispute (particularly important with child-related matters)
  • Save a lot of money
  • Save a lot of time
  • Save a lot of heartache going through an adversarial litigation process
  • Improve their communication
  • Decrease long-term conflict
  • Move forward with certainty about the outcome of their conflict
  • Repair some or all of the relationship
  • And when children are involved, develop much better child-centered parenting plans (stay tuned for an upcoming post on mediating with parents in a high conflict relationship)

The FACT of the matter is this: Mediation IS an effective model for resolving high conflict disputes.

Ben Stich Mediator, LICSW, M.Ed

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