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vector drawing of man and woman showing different modes of thinking

3 Divorce Mediation Tips: How to Deal with Family Problems

Echos of a divorce mediation:

She doesn’t get it!

He’s SO emotional.

All they’re going to do is talk about their FEELINGS.

She’s SO patronizing.

All he’s going to do is talk about what is LOGICAL.

Can you relate to arguing with someone whose brain operates in a fundamentally different way than yours?

Common Dynamics in Family and Divorce Mediation Sessions

In a recent co-parenting mediation I experienced this very dynamic.

She felt condescended.

Like she wasn’t being heard. Not taken seriously.

He felt overwhelmed.

Like he was being dragged in to her turmoil. Not dealing with the problems at hand.

During a conversation about visitation, she kept telling him how his refusal to answer calls was infuriating. She was sick of being ignored, and having her requests constantly denied.

He kept telling her how he couldn’t answer her calls because she would talk endlessly, and how listening to her was exhausting. He was sick of her nosy questions, and receiving calls from her multiple times a day.

To solve the problem they had been resorting to familiar tactics:

She made a greater effort to explain how she was feeling about the issue.

He made a greater effort to put up walls and deny her calls and requests.

How well do you think this worked for them?

That’s right…NOT AT ALL!

They were increasing the use of the very strategy that was causing problems for the other parent.

How I Used Divorce Mediation Strategies to Change the Dynamic

As you might guess, it made the situation a whole lot worse. To help, I did three things:

  1. Find a way to speak each other’s language:

I explained how their brains’ worked differently. She operated from a place of emotions and he from a place of logic. It was as if he was speaking French and she Spanish. In order to communicate effectively they needed to find a way to speak the same language. Appeal to someone who is emotional through emotions. Likewise, appeal to someone who is logical through logic! Worst case, use me as the translator.

  1. Accept who each of you are – it’s not going to change:

I explained that if they were still trying to change one another they were destined for failure. After all, if changing one another could work, they probably would not have divorced.

  1. Find ways to get what you both need and want:

I summarized what I was hearing, and asked: “She wants to be able to communicate with you and make decisions together, and he wants to make sure that he doesn’t have to justify himself, or get stuck in an endless circular conversation. Is it possible to meet both of your interests, and find ways to discuss visitation that leads to decisions and doesn’t require either of you to explain yourself?”

Sounds Good, But Did it Make a Difference?

By the end of the session, they agreed to a new plan.

He was skeptical that she would not question his reasons for things. She was skeptical that he would not say “yes” to her requests more often.

But they were both willing to try.

By using me to translate, accepting (rather than fighting) their personality differences, and trying to address their interests, they took the first steps at changing their long-standing narrative.

As I told them, “You are who you are — you can fight it, or work with it.”

Accept that fact, and you are already on a better path.

In what ways has it helped to “accept” the differences of someone else in your life? Please share!

two men playing ping pong in an office

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

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?

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Woman looking at you and making a shush gesture

10 Tips to Avoid Sounding Like Charlie Brown’s Teacher | Improve Communication in Relationships

Ever been told you should listen more?

To wait before you respond?

To just shut up and just pay attention for a second?

To stop sounding like Charlie Brown’s teacher going wah-wa-wah-wa-wah…?

Solid advice, right?

Rubbish!

Or that’s what someone named Elissa wrote to me after reading one of my posts about communication in relationships.

She argued “too much emphasis and blame is placed on a lack of listening skills when much of the breakdown lies with the talker.”

Elissa threw down the gauntlet, insisting I write a post about talkers!

I will take on your challenge, Elissa.

Elissa’s point about communication in relationships

In the aforementioned post, I asked:

Haven’t you noticed that lots of people who declare that they have great listening skills tend to:

  • Dominate conversations
  • Interrupt
  • Talk about themselves…a lot
  • Make assumptions about the other person
  • Give advice very quickly
  • Repeat themselves…repeatedly

Great listeners? Nope. These folks are great talkers!

Except, to Elissa’s point, some of these folks are horrific talkers!

Talking is a way to convey information. To share thoughts, feelings, ideas, and concerns.

Yet, we have all had the experience of talking with someone and realizing later they did not absorb our message.

Sometimes this happens because they’re poor listeners.

Other times, like Charlie Brown’s teacher, it is because we are lousy wah-wah-WAH talkers!

Elissa suggested I create a list of warning signs to help readers recognize if they are of the terrible talker variety.

Take a talking litmus test

If you recognize any of these signs in yourself take note. People probably tune you out from time to time. Like Lucy and the gang in class.

(Note: credit Elissa for the inspiration for the first four)

  • You’ve talked about the problems with your co-workers seven times already and begin again for the eighth time
  • You get unfocused and jump from topic to topic…never completely finishing any thought
  • Talk with food in your mouth
  • Your listener is not looking you in the eye…or yawning excessively
  • You check your text messages or Twitter feed while telling a story
  • You say the same thing five different ways from yesterday
  • You say the same thing five times in a row
  • You say “um” more than all your other words combined
  • You are monotone
  • You only talk to complain about something
  • It’s only and always about you

Be honest with yourself. Have you ever done one of these things (I have)?

The truth is one can be an effective communicator or an ineffective communicator. And the difference can have profound effects on relationships.

In the “listening” post I wrote how listening is a fundamental communication skill. Likewise, talking effectively is another one of those fundamental skills.

How to be a better talker…

If you want to be a more effective talker take stock of any of the following tips:

  • Decide what you want to say before you say it
  • Before repeating yourself ask the other person if they understand your point of view, even if that means asking them to tell you what they think you are saying
  • Remember that less is usually more (I love this advice I received early in my career)
  • Put your food and phone away, turn off the TV, and take out the ear buds
  • Practice talking with fewer ums, errs, and clearing of your throat

Or, take a page from Elissa’s book on communication in relationships (direct quotes):

  • Don’t take up precious solitudes with meaningless conversations
  • No one should have to take notes to connect your conversational dots
  • Look at the pupils of those listening. If they are rolling into the back of their heads, it’s probably time to take a rest
  • Keep an eye out for yawns. They are informative clues
  • If you’ve already said it, then please shut up about it. Reruns are boring on television and in real life

Gotta love her attitude!

Especially because she’s got a point. Imagine Charlie Brown’s success if his teacher had only been a better talker…

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Frustrated African American man apologizing to woman after quarrel

5 Steps to a Great Apology

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.

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

Top Tip to Transform Difficult Conversations

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!

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3D rendering of a GPS navigation system

One Simple Way to Improve Marital Problems, Family Conflict, & Communication in Relationships

Ever get really impatient waiting for an answer to a question?

I know a lot of people like this (you know, like me). Unfortunately, this impatience causes problems.

Let’s take Jake, a student with whom I work. One of his teachers had a frustrating experience with him. The teacher asked him a question. Jake looked at him and said…nothing.

The teacher checked in with me about the student, commenting, “there’s not much up there. That kid just stares at you like you have two heads or something.”

There are innumerable reasons I found this disturbing. What bothered me most was that he was wrong.

Ever Think If Your Partner Would Just Give You a Second You Would Have Less Marital Problems?

Now, I will admit that he does have this blank look on his face while he’s thinking.

I’m sure you’ve seen that look on your wife, husband, parent, or child at some point.

For me, that look is like waiting for a GPS system to figure out directions after a wrong turn, monotonously repeating recalculating, recalculating, recalculating.

Yet Jake, like any good GPS unit, arrives at a sound answer after the extended period of recalculating. In fact, he has a lot of things to say. It just takes him a little extra time to process information and figure out what he wants to say, and how he wants to say it.

There is something about waiting for a response from someone that is exceptionally hard for many people.

There may be a range of reasons but one that I see time and again is this: an inability to tolerate silence.

What the Teacher Missed Due to His Impatience With Jake

The educator was asking Jake if he could stay after for extra help and prepare for an upcoming test.

Jake was having a bad day. He had gotten in a fight with his mother in the morning. He received a detention an hour earlier for tardiness. He did not have a ride home. If he had stayed for the detention he would have had to walk over an hour — in the rain.

Jake was trying to process all of this information — the insecurity he felt about needing extra academic help, the conflict with his mother, and his transportation issues.

How do I know this?

Because after I spoke with the teacher, I checked in with him. I asked him how he was doing.

And I waited.

But I HATE It!

Silence, that is.

If you truly want to understand someone use a strategy that teachers are taught to use in the classroom. Give “wait time.”

If the teacher waits 5-10 seconds someone will eventually raise their hand and answer (the student group can’t tolerate silence either!).

It is too bad the teacher did not apply this technique during his private chat with Jake. Just imagine what the teacher may have learned!

More importantly, imagine what you are missing by not waiting for an answer when you are arguing with your spouse or irritable with your teenager.

Wait time is an under-rated element of effective communication. Wait time gives people time to process information, react emotionally, and figure out how to articulate thoughts and feelings. It can be a powerful tool to help marital problems.

I have written about how helpful “being curious” can be to effective communication. The reality is that curiosity only helps if you give people the time they need to properly respond to what you are asking of them.

Allow people — like your spouse, parent or child — to finish recalculating, recalculating, recalculating…and you may be amazed at what you can learn.

What other strategies would you recommend for waiting patiently for someone to respond to you?

Jack Russell listening with one ear up

Shut Up To Improve Communication Skills! Marriage and Parenting Advice From a Family Mediator

I used to interview prospective staff for a residential treatment program before I became a family mediator.

Whenever I asked them to describe qualities that would make them a good child care worker I was invariably told something like, “I love to help people and I’m a GREAT listener.”

Yet, when I would walk in to a room while they were working with an upset resident I would hear their voice more than that of the student.

Hmm. Curious.

Do you know folks like these newly hired child care workers who proclaim to be great listeners but don’t act the part?

I bet you do.

Haven’t you noticed that lots of people who declare themselves to have great listening skills tend to:

  • Dominate conversations
  • Interrupt
  • Talk about themselves…a lot
  • Make assumptions about the other person
  • Give advice very quickly
  • Repeat themselves…repeatedly

Great listeners?

Nope.

These folks are great talkers!

A Truth About Communication Skills

Here’s the rub.

Talking at someone has nothing whatsoever to do with listening to someone.

The two are not even in the same ballpark!

Yet for some reason good talkers usually think they are good listeners.

These great talkers may like to help others.

Take the child care workers.

When they would tell me in their interviews that they wanted to help kids and were great listeners they were speaking from the heart. They truly meant it.

And when I talk about my dream of playing shooting guard for the Boston Celtics I mean it too! But just because I am motivated to play for the Celtics, I don’t have the shooting, passing or dribbling skills to pull it off (and if you know me, you’re probably laughing).

Helping requires skill too.

And one of the fundamentals is listening.

Listening is a skill that can help people far more powerfully than any amount of chatter.

Even if it’s well-intended chatter.

Look, let’s be honest with ourselves. Almost all of us from time to time could listen better. That goes for this divorce mediator as well!

Sometimes thinking we are a good listener is really code for being a great talker!

My Family Mediator Listening Litmus Test

If you hear yourself utter any of these phrases, consider them warning signs that your listening skills are of the talking variety.

  • That happened to me when I…
  • You know, all you need to do is…
  • You’ll be fine…
  • Oh, you’re not going to believe what happened to me last week…
  • That reminds me of…
  • I have a friend who went through the same thing and she…

See Yourself Here? How To Improve Communication Skills That Will Help Your Marriage and Parenting

If any variation of these type of statements come out of your mouth try one of the following tips:

  • Shut your mouth! Seriously, STOP talking!
  • Don’t assume you know what is going to be said and keep an open mind
  • Don’t interrupt
  • Ask a question for clarification purposes…only after the person pauses first
  • Remind yourself that “it’s not about me right now” and focus on the other person
  • Remember how crummy it feels when someone talks at you when you just need someone to listen
  • Focus all of your energy on what the other person is saying, not on your watch or someone across the room
  • Do not impose your solutions on the other person — if they want your suggestions they will ask

And then, after all of that, pause for a moment.

Take a breath.

And then take pride that you truly helped your kid or spouse.

What other suggestions do you have to improve listening skills?

If you comment below I promise to LISTEN, just as any good family mediator should!

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