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divorce special needs mediation

Divorce and Special Needs

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

benefits of divorce mediation in massachusetts

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

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

Child between parents trying to understand divorce

Your Kids and Divorce: Mediating a Child-First Divorce

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.

stone marker list the par of a golf hole

Is All Fair in Love and War? Lessons for Marriages, Divorce, and Separation Agreements

Common separation agreement ideas:

We’ll just split things down the middle. That’s just the fair thing to do.”

“We just want to be fair so we’ll add it all up and split it 50/50.”

These are reasonable ideas.

But does that mean they are “fair?”

What Do You Mean? Of Course it Does!

Does fairness mean things need to be equal?

Many think so.

If that’s the case then why do golfers follow the USGA Handicap System?

Why let some kids use training wheels longer than others?

Or, why do educators modify classroom instruction for kids who have trouble learning?

Interestingly, these are unequal ways of creating fairness for golfers and children.

Yeah, But You Can’t Compare Biking to Divorce and Marriage

Actually, you can.

Do you know what often happens when families see fairness as equality?

Problems!

The reality is that we are all different.

We have different temperaments. Different strengths. Different weaknesses.

We also have different needs.

Let’s take the example of a divorcing couple’s home.

It is common for a separation agreement to stipulate a sale of the marital home. I often hear, for example, that it’s “only fair” to sell the house, pay off the mortgage, and split the profit 50/50.

This certainly is equal.

But is it “fair” if the wife has no alternative living situation, she will still not have enough for a new apartment or down-payment on a condo, and the husband is moving in with his parents at no cost?

Both need a place to live. One has a no-cost option, and one has a high-cost option that will accrue debt. In this case, it might be “fair” for the wife to keep the house, and to split the other assets in a different manner.

It’s not equal, but it sure seems fair.

So What About the Marriage Part?

Is it fair if your spouse goes out with her friends one night per week when you only go out once a month?

Maybe, if her friends are important to her and she’ll get stuff off her chest.

Is it fair for your spouse to go camping with boys for a weekend while you stay at home with the kids?

Maybe, if it re-charges his batteries.

Is it fair for your spouse to spend more on clothes this year than you?

Maybe, if her size changed and she just got a new job.

OK, OK…But What Does This Have To Do With a Separation Agreement?

Everything.

After all, the Massachusetts divorce laws stipulate that the court will use a standard called “equitable division.” This does not mean that your things have to be divided exactly in half, but it does mean that the decision has to be fair.

Wait? I thought things HAD TO BE EQUAL in order to be fair!

Fair does NOT mean equal.

Fair DOES mean giving people what they need to be successful.

Bottom Line…

Trying to make equal decisions in marriages and divorces is possible.

But probably won’t get you what you need.

Trying to make fair and reasonable decisions in marriages and divorces might be harder.

But it will improve communication, decrease resentment, and far more likely give you both what you need.

Give it a shot.

After all, that would only be the fair thing to do.

Please share by commenting below — I’d love to hear from you!

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Top view of young businessman making decision, thought cloud above head with a question mark

Decision Making That Will Stick: Mediation Examples You Can Learn From

 

I hear “I should…” all the time.

General Life Examples of I Should Decision Making:

  • I should go to the gym…(but watches more TV instead)
  • I should go on a diet…(but digs in to her ice cream instead)
  • I should save more money…(but shops online instead)
  • I should call her and mend fences…(but holds the grudge instead)

I should, I should, I should…

Mediation Examples of I Should Decision Making:

  • Divorce Mediation: “I should stop bringing it up…” (but she does anyway)
  • Parent Teen Mediation: “I should stop suffocating her and give her more space…” (but she texts every hour anyway)
  • Marital Mediation: “I should apologize…” (but he remains defensive anyway)

I should, I should, I should…

Red Flag Decision Making

How often do you say I should in a week when you are trying to make your own decisions?

Too many times would be my guess.

To my ears any sentence beginning with I should is a red flag. It most likely means that you are feeling pressured or compelled to do (or not do) something based on the expectations of someone else. It is natural of course for our decisions to be influenced by others.

But think about it – isn’t there a difference between being influenced to make your own decisions and the influencer making decisions for you?

The thing with I shoulds is that they often do not lead to action. More often than not they are code for “Well, I kinda want to but not really.” And what normally happens with a “well, I kinda want to but not really?”

Nothing.

Decision Making 2.0: Mediation Examples Illustrate a Better Approach

There are a lot of strategies to help folks make better decisions like this one I read that provide four useful strategies. But what if you were to make just one change?

Stop saying I should and instead say I will.

What do you think would happen if you replaced I should with I will?

Would you be more likely to follow through on your decision making? More likely to make your own decisions (versus someone else making decisions for you)? My guess is yes and yes. After all, the way we think and talk can have a great influence on the way we behave.

Let’s take a look at the three mediation examples from earlier – when I replace I should with I will, do they sound or feel different to you?

  • Divorce Mediation: “I will stop bringing it up…”
  • Parent Teen Mediation: “I will stop suffocating her and give her more space…”
  • Marital Mediation: “I will apologize…”

In what ways do you think replacing I should with I will can change the way you make your own decisions? Or someone you know?

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