Archive for June, 2009

Forks in the Road: Settlement or Conflict?

Tuesday, June 30th, 2009

Once the decision to divorce is made, you reach a fork in the road, where you need to make a series of choices about how you will proceed with your divorce. At each fork in the road, you choose your path: settlement or conflict. You can maintain a generous outlook toward your spouse, which fosters settlement, or you can respond to your more negative emotions, which fosters more conflict. In choosing conflict, you soon find yourself further down the road toward adversarial divorce than you intended. Once several choices have been made that foster conflict over settlement, it becomes increasingly difficult to extract yourself.

 

Choices that exacerbate conflict include: acting with distrust and dishonesty, being aggressive or stubborn when reasonable compromises are available, or making the process difficult in order to satisfy your anger, desire for punishment of your spouse, or your fears. When each conflict is held onto with tenacity, feelings of affection from the marriage are eroded and are replaced by resentment that smolders into fury. These feelings often stem from grief that goes unacknowledged, your own or your spouse’s. When grief is not worked through, it becomes a cantankerous emotional tumor, spreading its way through your heart and central nervous system. It hardens into bitterness. For a good article on compromise in divorce, see http://ezinearticles.com/?Divorce—Finding-Compromise&id=516461.

 

Divorce is rarely easy, and bitter feelings make it more arduous. Although few couples actually go to trial, many go a long way towards trial before finally settling. These cases are characterized by added length and cost to the divorce process.

 

If your priorities are clear, you are willing to compromise on most sticking points, you hired an attorney who is interested in settlement, and you are not hindered by emotional issues carried over from the marriage or the hurt of facing divorce, then you have an excellent chance of settling your disputes with minimum chaos to you and your family. Of course, you can not effect success alone. Both partners have to participate. Some great information on conflict and compromise is provided at http://www.divorceinfo.com/conflict.htm.

 

Many spouses feel that they are the ones doing the compromising to achieve resolution, while their spouse is blocking it. Yet their spouse tells the same story, only he/she is the one doing all the work! When perceptions are so disparate, neither person can be acting in the “perfect” way they believe. If your conflict is increasing rather than decreasing, take a hard look at what you might do differently. Most important, try understanding what’s happening inside of you that is contributing to communication breakdowns. Assess whether you are acting out your feelings instead of experiencing and managing them.

 

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Personal Assessment: Are you Prepared for Divorce?

Thursday, June 25th, 2009

As you prepare to make your final decisions about whether and how to divorce, it is helpful to check in with yourself throughout the way and assess where you are. Consider the following.

 

  1. Have I considered all of my legal options?  Am I sure I understand the pros and cons of each?  If I take time now to learn about different ways to proceed, I am more likely to make a choice which accomplishes my goals both in the short run, and in the long run.
  2. Have I accurately assessed my personal circumstances, my willingness to learn about the legal process and my emotional needs so that I can decide whether I need the help of a lawyer during my divorce?  Have I been honest with myself about my own capability in handling this legal matter, especially since it is such an emotionally charged process?  If I am confident that I have enough knowledge about the process to proceed, I can trust myself to ask for help when I need it.
  3. Have I considered the different ways to approach this divorce?  Am I confident of my ability to keep focused on my goals: a fair settlement, a sensible parenting arrangement, practical financial support orders, even when I am tempted to seek revenge?  If I am able to see all of the options without losing sight of what’s best for my future, then I am more likely to be happy with the end result.
  4. Have I determined my goals in choosing professionals to help me with this divorce?  If I understand my goals, I will be better able to pick the most appropriate people to help me accomplish them.
  5. Have I recognized that our old style of communicating is not working?  Have I found ways to begin to communicate differently?  If I am able to communicate with my ex-spouse, it will be easier for us to resolve our differences without unnecessary expense, delay, and stress. If we can communicate, it will be easier for us to focus on our children’s needs rather than our own, even when we disagree.

 

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

 

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Solving Problems 101

Tuesday, June 23rd, 2009

Once you have identified the source of conflict between you and your spouse, you can come up with possible solutions. Here are some steps to follow to help you reach a satisfying outcome.

 

  1. Both people suggest possible solutions. Consider the pluses and minuses of each of the solutions that you would seriously consider together.“Perhaps we can decide the best solution depending on what the illness is…so that when he has a stomach virus, moving him doesn’t make sense. But when he has a headache, he can try going to your house.” This plan makes sense because it takes the child’s needs into account, but it leaves open the need for negotiating each time the problem arises.
  2. Both agree to try one of the proposed solutions, and to discuss it again in a few days or weeks, to see if progress has been made.
  3. Keep any agreements you made, and if it is not working for you, make changes through negotiation. Try to resist taking unilateral actions.

In addition, try these measures to change the dynamics of your arguments. Whenever a disagreement can be bypassed, let it go. If you are in the midst of a heated issue, such as how often one of you will spend evening time with the children, agree to explain what you want rather than what you have to get. Agree to take time apart and re-think your position when you hit a roadblock. Get second opinions from people you trust; perhaps you can even agree to talk to the same people so that you are less polarized by competing opinions. Most of all, focus your energy on the positives of your future:  rebuilding your life: your new home, assets, career, and friendships rather than the arguments and failures of your past relationship.

 

For more good information on problem solving in families, see http://family.jrank.org/pages/1337/Problem-Solving-Problem-Solving-Process-in-Couples-Families.html. For an interesting article on power in marital struggles, see  http://www.sciencedaily.com/releases/2007/07/070705120756.htm.

 

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Conflict Resolution 101

Friday, June 19th, 2009

Even when your spouse and you are communicating directly and calmly, sometimes you cannot agree on a solution to a problem. Perhaps you have listened carefully to how he feels about your keeping your son home when he is sick, but your spouse still wants you to send the child to his house during his regularly scheduled time. When the two of you disagree about a situation, here are some basic steps towards conflict resolution:

 

  1. Both people agree on ground rules of the discussion (no interrupting, no put downs, no bringing up the past).
  2. Agree on what the problem is, the source of the conflict. Identify what you agree and what you disagree about in your views of the problem. “You want to keep him home, and I think I should be the one to take care of him if he is sick and it is my time with him.”
  3. The first person tells his/her side of the story be describing what “I think, feel, want.” Stay away from accusations about the other person (“You did.”). Typically, all such statements should begin with the word “I”. “I feel you are not thinking about what he needs to get well, and how he will want to be in his own bed.”  “I feel that I’ll never get to do some of the nurturing that lets him know I can take care of him, and that he can be comfortable in his room at my house too.”
  4. The second person restates what he/she has heard in terms of content and the feelings underlying it. “You are worried that he will not get well as quickly if he is at my house, and you want to make him as comfortable as possible.”  “You want to take care of him too, and you feel that having both parents caring for him can be more important than where he is when he doesn’t feel well.”

Steps 1 and 2 are repeated, changing positions so that the second person tells his/her side of the story and the other person rephrases what’s been communicated. For more steps to conflict resolution, see http://www.problogger.net/archives/2006/09/15/10-steps-to-conflict-resolution/. For a good article on dealing with couples anger, see http://www.ext.colostate.edu/Pubs/consumer/10238.html.

 

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Mediator’s Essentials

Wednesday, June 17th, 2009

When you find yourself in a situation where tension is rising, remember these ways you can keep your argument at a controlled burn and stay productive.

 

  • Encourage…Can you tell me what you mean?
  • Clarify…When did I do that?
  • Restate…So you wish I was more willing to see your parents?
  • Empathize…You are very upset with me.
  • Summarize…This is what you’ve said so far.
  • Validate…I guess I do act helpless in front of the children, because I am hoping they’ll see how poorly you treat me. I can see how that would feel demeaning to you.
  • Affirm…I hear you saying that you feel I am inflexible about rescheduling last week’s visitation.

Acknowledge that you hear the other person and understand what they are saying. Disallowing or debating with your spouse about who really has the right to be angry usually heightens the intensity of anger rather than diminishes it. But don’t pretend to feel all right about something when you do not; don’t give in just for the sake of peace. This kind of behavior usually leads to a re-occurrence of anger and conflict. Watch for signs of stress. To understand more about the signs and symptoms of stress, see http://www.helpguide.org/mental/stress_signs.htm.

 

Admit to your share of the problem and tell your spouse you recognize where and how you are part of the problem, emphasizing that you want to move to being part of the solution.

 

Stress the legitimate benefits of resolving this together. Be ready to compromise, but remember, compromise isn’t just a 50-50 proposition; even a 10% compromise can lead to positive change in your relationship. Brainstorm many possible solutions rather than insisting on one ultimatum. Once you agree to a solution or at least feel that you have said your piece and listened to each other, then renegotiate with each other. Plan together how similar situations will be dealt with in the future. Contract together to take certain actions that are different from how you normally behave with each other. Encourage each other to manage the stress of your divorce by putting together a plan for yourselves like the ones discussed at http://www.uhs.uga.edu/stress/.

 

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Managing Anger

Monday, June 15th, 2009

Consider whether you can manage your anger without getting into an unproductive discussion with your spouse. If you are not getting along well, try to avoid only speaking when you are bringing up something you are unhappy about. When you really need to discuss something and you think there is a chance of improving the mood between the two of you, then continue to try and discuss issues calmly. For a host of information on fighting and conflict, see http://cmhc.utexas.edu/booklets/fighting/fighting.html.

 

Know what you want to get out of the conversation. What do you want to have happen? Don’t just blow off steam. Express your anger directly about the way he treats you in front of the children, or the fact that you are angry about her affair. Be clear about whether you are looking for an apology, a change in behavior, or empathy for your position.

 

Prepare your argument. Know what you want to say and when you will say it. Keep your arguments private; try to keep the children and others around you from becoming uncomfortably aware of your problems. You do not need affirmation that you are right, nor do you need others to see what a jerk your spouse is being. These moments are about the two of you, and they will be resolved easier if they stay that way.

 

Practice the art of fighting fair. Talk about the problem, not the other person. Make this discussion focus on an issue, not a personality. Then practice being assertive and direct with each other. Be firm without provoking the other through sarcasm, raising your voice, angry body language (such as moping, rolling your eyes), or coming home an hour later than you said you would). Look at your spouse, speaking calmly and slowly, without wild hand gestures. Listen when your spouse is talking. Ask questions before you jump to conclusions. Repeat what your spouse just said in slightly different words and ask if you understood the whole message. State clearly what is bothering you, what you need and want. For an article on negotiation and fair fighting, see http://peaceful-parenting.suite101.com/article.cfm/negotiation_and_fair_fighting_for_families.

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

 

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Conflict as You Prepare to Divorce

Thursday, June 11th, 2009

Once you’ve decided to pursue a separation or divorce, conflicts are inevitable. Even if you mutually decided to end the marriage, communication is difficult. Learning how to handle this part of your changing relationship is an important step toward establishing a new, less stressful way of working together.

 

While you are initiating a divorce, or bracing yourself for a divorce that’s been initiated by your spouse, it is useful to keep arguments between your spouse and you to a minimum. While you sort out how to proceed legally, you also need to sort out the inevitable emotional conflicts that will arise between you. It is not easy to change the way you communicate, but learning to break out of old patterns (which clearly aren’t working) is part of adapting to your new independent life. Either you can learn to communicate productively, or continue fighting. Conflict will generally de-escalate if there is a decrease in expressed emotion and perceived threat over time. In other words, things will calm down if you stop treating every discussion like an argument waiting to happen, and even if it does, control your urge to argue. Replace fighting with negotiation and cooperation strategies. For some dos and don’ts for dealing with anger, see http://stress.about.com/od/stresshealth/a/dealing_anger.htm.

 

Be aware of your own anger. Do you clench your hands, grit your teeth, stand rigidly, cross your arms? Are you breathing with difficulty, feeling a tightness in your chest, face, or a headache coming on? Acknowledge your anger to yourself, and spend a little time trying to understand what set you off. Distinguish when you are just irritated or annoyed from when you are furious. For some fair fighting rules, see http://knappfamilycounseling.com/fighting.html.

 

Think before you enter into yet another cycle of endless arguing. Use self-calming strategies such as asking yourself whether you are making a mountain out of a molehill, or if this is an important argument to take on. Are you considering your spouse’s point of view? Think about all the indirect ways you express anger that lead to arguments: you may get aggressive and try to hurt your spouse’s feelings with words; you may get quiet and let your spouse know you are very unhappy. Being silent is an attempt to grab and control all the power.

 

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Working with your Lawyer

Tuesday, June 9th, 2009

Your lawyer should send you a copy of everything that crosses his or her desk. That way, you can stay up-to-date on what is happening with any pleadings, briefs, documents, letters, and any and all correspondence concerning your case.

 

Remember, you are the one living with the results of your case, not the lawyer. Therefore, it is important that you feel that you are informed about the facts in your case, the pros and cons of each step that might be taken, including settlement negotiations and other matters in the decision making process.

 

The most common complaint heard from clients is that the lawyer doesn’t return phone calls. Waiting for a call back when you’re in distress makes minutes seem like hours, and hours like days. You can help your lawyer by being organized:

Write down your questions. Save up several questions to ask your lawyer all at once since he or she may have a minimum charge for phone calls. Leave enough space between questions to write in the answers.

 

Consider faxing, e-mailing, or mailing your questions instead of telephoning. This gives your lawyer a written record of your question, prompting a clear, well organized written response to which you can refer later.

 

The more research you can do to help yourself, the better. For a list of good books, see http://www.peace-talks.com/books.php. Also, be sure to visit our resource center at

http://www.peace-talks.com/resources.php.

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Dynamics of When the Retainer Runs Out

Wednesday, June 3rd, 2009

Sometimes the retainer fee paid runs out before the case is completed. The divorce has become more involved or time consuming than originally anticipated, and ends up requiring more time than expected at the outset. Your lawyer is asking you to pay an additional retainer fee, and you suddenly feel like he or she is more interested in money than the progress of your case.

 

You should expect to pay for the time the lawyer spends, even if your case takes longer than expected. If your retainer has been exhausted, you need to make arrangements with the attorney to continue to represent you. When clients do not honor their obligations to pay fees, loyalties can feel divided. As the lawyer pressures the client to pay the fee, the client may perceive that the lawyer is no longer supportive. Going through a divorce with an attorney is a very personal process. It is not unusual for you to feel very close to your attorney and to feel like your attorney is even more than an advocate. You need to remember that the attorney is a paid professional, and is not representing you as a favor.

 

Generally, if lawyers are not being paid they can request to withdraw from your case. This kind of withdrawal requires the Court’s permission. Don’t put yourself in the position of begging the court to force your lawyer to stay on your case. You and your lawyer need to work as a team, and underlying money issues shouldn’t get in the way of your relationship. Meet the financial situation head on, and make an honest effort to abide by whatever payment arrangements you and your lawyer negotiate. Prepare yourself by understanding the divorce process. If you need some good books to read, see  http://www.peace-talks.com/books.php.

 

In the event of a dispute concerning your fee, most local Bar Associations have fee dispute committees which will look at fee disputes and determine whether or not the fees charged were reasonable. By the time you get to the fee dispute board, you should question your choice of an attorney. If you are at such odds that you do not understand how the fees are billed or you don’t think your lawyer has earned the fees charged, you should hire a different attorney to represent you. It is very helpful to go into the divorce knowing what to expect so be sure to visit our resource center at http://www.peace-talks.com/resources.php.

 

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

 

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Wall Street Journal on Divorce Privacy

Monday, June 1st, 2009

Let’s start with my bias: If you don’t want the world to know about something, don’t do it. In fact, never do anything you wouldn’t want written up in the Wall Street Journal.

http://online.wsj.com/article/SB124346788310360439.html

For example, the details of your divorce.

Yes, of course, there are legitimate privacy concerns. Don’t tell anyone, but on our Child Support Information Forms which are required by the Los Angeles Superior Court, we fill in the social security numbers with xxx-xx-1234 because I, as a former court employee, used to see those “confidential” forms laying loose in the files.

So I get the identity theft issues.

But for the rest of it….how are we living our lives such that we really need to worry about privacy? http://online.wsj.com/article/SB124346788310360439.html

Thanks to a friend who works in reality TV, I’ve been watching the Fox Reality Channel. In LA, that’s channel 888 on cable. Yes, it’s up there. Remember when there were only 4 channels? I do. Okay, so I’m 45. There used to be only 4 TV channels. Hence my encyclopedic knowledge of Leave it to Beaver episodes. But, in retrospect, is that so wrong?

As a 20+ year family law practitioner—12 years in litigation and 9 in mediation exclusively, I’ve learned a few things. http://www.peace-talks.com is my mediation firm, and while I made 3 times my current salary doing litigation, the rewards of mediating cases are far more rewarding than money.

So let’s start with the value, benefits and results of mediation:

Mediation is confidential—so let’s say you’ve done something, or acquired something, or accumulated some assets that you’d prefer to keep out of the Wall Street Journal,  http://online.wsj.com/article/SB124346788310360439.html, you can keep that confidential. Lest you think I’m joking, if ethical boundaries permitted, I could tell you about cross-dressing TV executives (not my friend, BTW) and S&M fans.  Mediation lets them keep those issues out of the public eye, because only the finalized details (and sometimes not even that—-interested to know more? call us at (310) 301-2100) are submitted to court.

Not interested in testifying in court in front of whoever might be there? A lawyer friend of mine represented Jennifer Anniston in her divorce. My lawyer friend was waiting to see if the papers had been served on Brad Pitt…when the news poppped up on her MSN alert.  I was in court representing a client once when the President of the board of directors of a charity board sat in the gallery waiting for his case to be called by the judge. A Ph.D., president of a major charity…..you think he wasn’t embarassed?

So if you really want your divorce to be confidential, choose mediation or collaborative divorce. I happen to favor mediation…but as a full time mediator, I happen to know that it is typically about 75% less expensive than hiring a lawyer and going to court, it happens on your own time frame, at your convenience, and it’s confidential….so if you’re up to something you don’t want to see in the Wall Street Journal, http://online.wsj.com/article/SB124346788310360439.html, then maybe it’s time to take a second look.

In the immortal words of Pauly Walnuts on The Sopranos, “I’m not sayin’, I’m just sayin’”.

For more information, http://www.yourdivorceadvisor.com and http://www.peace-talks.com

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