Archive for the ‘Conflict Management’ Category

Talking with Your Children

Monday, April 19th, 2010

Emphasize that you tried to work out your differences. Explain what you have done in simple terms: you have talked a lot, gone to counseling, or whatever else you have tried to do to save the marriage. The important message to convey is that this is a thoughtful decision, made with care and consideration for how painful it will be for the whole family.

Children need to be reminded concretely that they are not losing either of their parents. Tell them the obvious: that you both love them and will continue to love them. Parents divorce each other but they cannot and do not want to divorce their children.  Reassure your children that they will have access to both parents, that they can spend time with the parent who is moving out during the week and/or on weekends. The time will start immediately, and they will be able to talk to the parent moving out on the telephone as often as they desire.  Reassure your children that grandparents, aunts and uncles, other supportive friends and caretakers will remain present in their lives.

Your children will then need factual information.  Explain to your children when their parent will be moving out; if possible, give your children information about where that parent will be living. If you have young children (six years or younger), they will be especially concerned about where they will eat and sleep, who will feed them and take care of them, and who will put them to bed and get them up in the morning. School age children will want information about what will change in their environment: where they will go to school, when they will see their friends, and assurance that they can continue with the activities in which they are involved. Older children, preteens and teenagers will want to know how financial arrangements will affect them. Will they have to give up their car? Can they still take karate lessons? If these things will not change for them, reassure them as such. If you are not sure, tell them you are not sure, that the details haven’t been ironed out, but you will listen for their input about what’s most important to them as you make decisions.

Wallerstein and Kelly’s study showed that children often feel responsible for their parents’ breakup. This is especially likely among children who are preschoolers or just starting school, since this age group tends to be “egocentric”– to see the world as revolving around them. Not all children feel this way, and some who do won’t admit to it. But tell your children plainly that the divorce is no fault of theirs, and they did nothing to make it happen. Nor can they do anything to fix it. This divorce business is between the adults. Click here for an article on a child’s view of divorce.  

Finally, encourage questions. This demonstrates to your children that expressing feelings is not only allowed but valued; the capacity to express difficult feelings such as very deep sadness, anger, fear, and insecurity can replace the need to act out feelings that are submerged or in need of attention. It will put your kids in good stead throughout life to know how to talk about their feelings. This also teaches children that you can handle whatever feelings they lay on you, with the implicit message that you can also handle your own feelings and the divorce. Click here for ideas about activities children can engage in to help them during your divorce. 

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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Preparing Myself and My Children

Monday, April 12th, 2010

The family that your children have known is about to undergo tremendous change.  Divorce research has shown that children are rarely informed about their parents’ pending separation and divorce prior to its occurrence. The younger the children, the less chance that they were told in advance about the divorce.

Parents’ reasons for not informing their children are well intentioned. They are anxious and afraid themselves, and they have difficulty figuring out when and what to say.  Some parents fear burdening their children if they say too much. Others are concerned that their children won’t understand the reasons, and that the information will add to their hurt unnecessarily. Sometimes parents wait until the time seems right, and then events gather momentum, and the opportunity has slipped away. All of these reasons that parents wait to tell their children are understandable, but they are not helpful. Your children need to know. In fact, it will make the divorce more predictable to them, which will facilitate their healthy adaptation. Click here for an article on preparing children for divorce.

How Do We Tell the Children?

The first step in informing your children about the separation and divorce is for you and your spouse to sit down and talk about it by yourselves. Decide if you are definite about separating; it is not helpful for your children to hear that you might do this. Once you have reached a decision, make an agreement about where the children will live and what kind of parenting plan your spouse and you will implement, at least on a temporary basis. You are then ready to speak to the children about your decisions.

A family meeting is a good forum to tell your children about your decisions. There are several advantages for your children if both of you can tell them together of your plans.  Children will see that you intend to cooperate and work together as parents.  It gives the messages that although this is a painful turn of events, we will deal with it together. Also, we can talk about it. The invitation exists to talk about undesirable subjects. By logical extension, feelings and actions of all kinds are acceptable fodder for discussion. Most of all, your actions show the children that you, as parents, are in charge and will continue to care together for them.

The first thing to tell the children is that you will be divorcing. You may want to say: “We have been unhappy for a long time because we fight so much.  We have tried very hard to get along better and to work things out, but we have decided it is necessary to live apart. It is our best chance of preserving our friendship. We have decided to separate. We have decided that Mom/Dad will move out.” Click here for more information about telling your children about divorce.

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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My Spouse’s View of Me Doesn’t Fit With My Own Perceptions

Wednesday, March 31st, 2010

Nothing is more frustrating than having your ex go all over town saying things about you that you know not to be true. Worse, they are often things that are the opposite of how you view yourself.  Mike’s wife viewed every effort  he made to be involved in  his son’s life as controlling. So when he wanted to come to every tennis match, she told their son that he just wanted to use the games as a way to see her, and that he wanted the boy to win games for his own gratification. Mike was furious because he wound up fighting with his son every time he wanted to attend his matches. He wanted his boy to win, but that’s not why he loved being at the games. He felt that there was so little he could share day-to-day with Tommy, since he didn’t live with him anymore, and the games gave him something to talk about and a way to show his desire to be steadfast in the boy’s life. For an interesting discussion about spouses spreading rumors, click here.  

People often get caught up in going to trial to prove that their spouse’s view of themselves is wrong. This is a losing proposition, because you can’t change someone’s mind just because you want to; that person has to want to be open to a new interpretation. Often he or she is not. The court process is not going to change anyone’s opinion either. People who reach trial often say the exact same things about each other, using words like controlling, nasty, and lying. Some people diagnose each other, giving their spouse psychological labels that they only partially understand: borderline, antisocial, sex addicted, or narcissistic. Often someone is accused of being controlling and intimidating, and the other spouse is labeled as inconsistent and emotionally unstable. You can easily see how these two personality styles could influence the other, bringing out the worst. 

In research (Pruett, 1998), every couple interviewed that reported at least some conflict in their divorce said that their spouse used the legal system to get back at them in some way, while they never used the system to get back at their spouse.  Usually there is some kernel of objective truth in how spouses describe each other.  Maybe he is more forceful than her, or she does get weepy easily. But the extent to which the trait is ascribed is blown out of proportion, as much a product of the relationship as either person. For some tips for communicating with your spouse when things get negative, click here.

In any case, you cannot change someone’s negative view of you by fighting about it. You can only try and change that view by changing your own behavior. Refuse to engage at that level. Even so, understand that they may never see you the way you see yourself. It is important not to accept your spouse’s view of you, but to ask yourself if others see you similarly. Maybe even ask people close to you. Perhaps you can find the kernel of truth in your ex’s view, and use the divorce as an opportunity to better yourself in a way that will help you in your next relationship, with other people in general, or with your sense of self.

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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Holding Your Ground without Conflict

Monday, March 29th, 2010

The fear of losing one’s property or children becomes a central motivator to fight back, the way an animal strikes out blindly when it senses its personal or familial security is threatened.    As the conflict increases, each person becomes more certain that they cannot trust the other, and therefore must turn to an outside party to police their interactions. The legal system is brought in for its protective functions. However, this view of the legal system stems from its functions in a criminal situation. In the civil realm, the court has few protections that it can enforce. It may be able to stop spouses from being violent or stealing property from each other. But it is a slow and cumbersome process, and often it does too little too late to be of assistance. The threat of the court’s authority keeps people afraid. They fear that their spouse will somehow prevail, they will succeed in unleashing their wrath legally, and the power of the court will be used to condone it. Click here for some excellent conflict management techniques.

If it is early enough in the conflict, you can stop this cycle by refusing to engage. Don’t fight back. Click here for a great article about walking away from conflict.   Hold your ground but do what you can not to inflame your spouse. Make small concessions, and bend over backwards not to fight. It means turning the other cheek and letting the other person have their way, but having the fighting stop will work to your advantage later. If you are already fighting over issues you cannot concede to, like sole custody of your child, then you must use the legal process but be sure to work with an attorney who understands your important bottom lines and what is worth fighting for, rather than an attorney who’s interested in supporting the fight.  Sometimes an attorney is well meaning, and encourages you to fight because he or she agrees you have been wronged. Such support does not always work to your advantage, despite the best of intentions. Your attorney should help you decide what not to fight about, as well. 

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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What if My Spouse is Lying?

Monday, March 22nd, 2010

If you know that your spouse is lying, inform your lawyer.  You are not permitted to talk during the trial while someone else is testifying, so write down anything that your spouse (or anyone else) says that is not true.  If it’s urgent, slide the paper over to your lawyer so he or she can read it immediately. If it can wait, talk to your lawyer during a court break. Never allow yourself to have an emotional outburst while court is in session.

Immediately think about what you or someone else knows that will prove that your spouse is lying.  If there is a document already in evidence which proves that your spouse is lying, then so much the better. Your lawyer can bring it to the attention of the court.  If the court decides your spouse is lying, his or her entire case will be undermined, even if the lie is about a small issue. Click here for an article about spouses lying during divorce cases.

Sometimes the lie is about such a small issue that it isn’t worth bringing up to the court or the judge. Sometimes what you perceive as a “lie” is just a different person’s interpretation of the facts.  On the other hand, if your spouse says, “I never took money out of the account” and you have canceled checks from the account showing he or she withdrew $2,000 two days before filing divorce papers, this needs to come to the court’s attention. You and your lawyer can decide together what is worthwhile to pursue, and what is best let go.

Why your spouse’s lie feels so horrible and how to react

Because so much is on the line at trial, when your spouse lies it inflames your sense of injustice. This person is taking you and your life apart, and then trying to lie, putting money above a relationship to you or your children. It reminds you of all the unfairness in the relationship, all the broken promises and smashed dreams. You are especially angry if  you know that your spouse  is capable of being a more decent person when less self-interested.  It is infuriating to have someone get away with an injustice in the forum that is supposed to protect people and see through the deceit. You long for the court to see through your spouse’s manipulations; can’t somebody see what he or she does when it is so obvious?! Whether or not the court can tell that this is a lie, such behavior will likely resurface many times again. You must accept that others may not be able to see your ex as you do, and that you may never get justice. Let it remind you that this is why you are divorcing and it is more important to minimize future interactions with this person than to prove something here. Let it reinforce that you are fighting to separate your lives, not to punish each other. For some information about how to get support when things are tough, click here.

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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New York Times Explores No-Fault Divorce

Friday, February 19th, 2010

Today,  marriage and family therapist Ruth Bettelheim wrote a terrific Op-Ed piece for the New York Times exploring the effects of 40 years of no-fault divorce in our country.

She explains: “In an adversarial custody battle, no one wins, but children are the biggest losers of all. Intelligent legislation could promote the one thing that children of divorce need most: peace between their parents.”

Peace between divorcing parents is the goal of Peace Talks Mediation Services and the theme of our second book, “Making Divorce Work.” Click here to read this excellent article.

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When Negotiations Break Down

Monday, October 26th, 2009

When negotiating, avoid handing down ultimatums. They rarely have the intended effect, and usually create deeper resentments. Contrary to popular opinion, do not pad your requests so that you wind up with what you really wanted from the beginning. This creates a sense of dishonesty that makes it hard to concede on other issues, since guessing what is really important to each party becomes a central focus. Then assumptions and worst fears creep in. Be clear about what you want, and then know what you can give in on and what you can’t.

 

If negotiations are breaking down, there are several remedies that are effective. If you both want the same outcomes, such as having the kids with you on Christmas day, try adding some additional ideas to the negotiation rather than convincing the other you have the best reasons. One idea would be to arrange two events for Christmas day, such as an early morning with one parent and a later dinner with the other, with each having its special charms. When you really want something your spouse is not giving in on, try sweetening the pie. If you already offered her silver for the antique mirror you want, try offering the silver and the china for the mirror.

 

Other techniques include changing perspectives, so that you each argue for the other person’s point. If both sides don’t seem equally valuable to you, then they may not be equitable.

Agree in theory about a decision, but do not make procedures at the same negotiation. Agree that you will divide your non-liquid assets between you, but do not decide which accounts or parts of the pension will go to each of you. Agree on a next step rather than outcome, i.e., you will each talk to your employer about a change in work schedule, without deciding who will change their schedules and when. Pose two or three options, and try each for a specified amount of time. Often a trial run will help you decide an issue based on situations you did not anticipate. Some agreements are built with contingency plans: if you get your raise at work, then you will increase your child support by $50. These plans depend on events that are likely but not assured. Negotiating one step at a time, with built in contingencies, may seem slower but it reduces the likelihood of false starts and retracing steps later. Having actual experience with options when a decision is made builds confidence in decisions. They lose their aura of the unknown, with fears that accompany unfamiliarity. For some conflict resolution tips for divorcing couples, see  http://www.divorcenet.com/states/massachusetts/conflict_resolution_tips_for_divorcing_couples. Another good article on negotiating your settlement appears at http://www.insidedivorce.com/divorce-help/How-to-negotiate-your-divorce-settlement/?stage=A5D0E3C493500B427E453CDBDD04B1F2&subject=B0875360A0906896DA25C58745F8D4D1.

 

 

 

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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Negotiating for the Long Haul

Friday, October 23rd, 2009

Understanding negotiation leads to placing each conflict resolution opportunity into a broader context. Each conflict is a part of a whole negotiation strategy. The bigger picture requires a broader lens, like adding a panoramic lens to your camera to get a broader view. In addition to resolving individual conflicts, try looking at the whole picture.

 

Make a list of all the things you desire from the set of negotiations, and prioritize them from most to least important to you. Asterisk those items you could concede. It is important to give some things up without making a demand for something in return. You must have something to give that allows the other person to feel supported. The more generous you appear, the more likely you are to gain concessions.

 

Therefore, be clear from the beginning what you are prepared to give up, as a gift. When the other person offers you something, express your appreciation so that his or her gift does not feel invalidated. This increases the likelihood that such behavior will occur again. After every successful decision, write it down and give copies to all parties (both spouses and attorneys) to make sure that everyone has the same understanding of the agreement that was reached. Too often people make progress in negotiations and then disagree later about what was actually said and meant, building resentment as each person accuses the other of stalling and wasting time. If you are the person most eager to divorce, you can circumvent your partner’s stall tactics, which may not even be conscious. For a good article on negotiating in a divorce, see http://www.divorceinfo.com/negotiating.htm.

                                   

Another reason negotiations break down is because people take entrenched positions out of fear. For example, some mothers refuse to let the kids go away with their father because they are afraid the children will want to spend less time with them because their father offers more exciting weekends. Discussing this, or ensuring that Mom has money reserved for special events with her children, alleviates the fear. For some tips on conflict resolution for divorcing couples, see  http://www.mediate.com/articles/kaufmano1.cfm.

 

 

 

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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Negotiating with Your Spouse: Skills and Tips

Tuesday, October 20th, 2009

One antidote for creating static, negative images of your spouse is to practice negotiating for what you want and need. If you are ready to look beyond your anger, then you can seek equitable solutions to your conflicts. To accomplish this, you must be ready to change the desired outcomes of your conflict. Roger Fisher and William Ury’s book, Getting to Yes: Negotiating Agreement Without Giving In (http://www.amazon.com/Getting-Yes-Negotiating-Agreement-Without/dp/0140157352) teaches ways to negotiate win-win solutions to conflicts. They suggest that in order to create a mutual win-win position, “The first thing you are trying to win is a better way to negotiate.”

 

Negotiating rather than fighting becomes a winning proposition on several levels:

 

you develop skills that will serve you in this relationship and others after the legal process is over

you get what you want in a positive atmosphere with less likelihood of later retaliation

you want your spouse to feel he can get what he wants so that you do not push him towards an attorney interested in strong arm tactics.

 

The basic methods for are designed to create win-win outcomes based on mutual interests. The main tenets described include focusing on needs rather than positions. “I want to be an involved father with time spent each week with my children” is a need. “I want joint custody with equal time” is a position. You must be ready to look at both sides, using the art of paraphrasing and repeating what you have heard until both persons feel their “story” is understood. Problems must be described in neutral terms rather than in blaming language. “You are never on time to pick up the children on your day” is a blaming way of presenting the problem. An alternative way is: “On Tuesdays, I am supposed to leave for work just when you are due to pick up the children. When you are not on time, I am late for work and I get into trouble.”  This definition of a problem has a greater chance of being solved because it engenders less defensiveness. For a terrific article on how to stop being defensive, see  http://www.nonstopenglish.com/reading/articles/Get-Out-of-Jail-Free-Stop-Being-Defensive.asp.

 

 

 

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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Friend or Foe?

Friday, October 16th, 2009

The waiting period between serving your spouse with divorce papers (or being served) and the time you reach settlement or decide to go to trial, often feels like the longest leg of your journey. The newness of the divorce has worn off, and consequently the shock and denial have worn thin. The reality of a divorce seeps in like cold rain, oozing through the edges of your coat, until your whole body feels cold and achy.

 

Most people find this period to be the fundamental juncture, as the legal directions of your divorce are set, and with them, the emotional state of your ending marriage is tested to the hilt.

 

You may not be ready or interested in being friends with your spouse, but you also want to prevent him or her from becoming an opponent in the divorce, if at all possible.

 

Some of the emotional issues that lead people down the path toward conflict stem from how each person feels about how the divorce was set in motion. If you have moved toward ending your marriage with grace thus far, it will be easier to resolve legal issues than if you have not taken your partner’s feelings and needs into account. But even if you have, the confluence of angry and hurt feelings that are part and parcel of ending a long term relationship provide a huge stumbling block to achieving a supportive divorce.

 

For all these reasons, it is understandable to feel yourself pulled toward being exclusively negative in your opinion about your spouse. But there are ways to stop yourself from going down this slippery slope. List all your spouse’s best qualities, then list those you like least. Try to find at least one positive for every few negatives. If your partner is stubborn and self-righteous, she might also be tenacious in her ideas. This tenacity might benefit your children, in the form of unwavering loyalty.

 

Remember the reasons you married your spouse to begin with. Perhaps try some of the gratitude exercises listed at http://www.selfhelpmagazine.com/maheu/?p=50. Make a gratitude adjustment as described at http://www.psychologytoday.com/articles/pto-20060227-000004.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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