Posts Tagged ‘Conflict Management’

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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Conversations about Money: Akward vs. Attorney

Thursday, November 12th, 2009

This week there was an excellent column from the New York Times’ Your Money writer Ron Lieber outlining five issues that can create major financial distress for couples.  They are almost all inevitable and unavoidable – Reduced Circumstances, Mistakes, Parents, Children, and Uncertainty – yet Lieber explains, and I agree, they can seem so vague and distant a couple can easily avoid discussing them until reality hits.  As one expert in the piece says, “You can either disengage and get divorced, or reengage.”  Spouses can be disengaged until they end up in a contentious, expensive divorce.  Even if you are divorcing, you and your spouse are never too far gone to reengage and create a mutually beneficial financial solution.

But how does a couple who is finding these problems after years or decades supposed to reengage after the problem’s created, and fingers are being pointed?  Leiber offers a few remedies to specific examples of tough financial decisions for parents or kids who need support, but the specific solution is almost beside the point.  To prepare for the really tough times, or to prevent them from tearing you and your spouse further apart, you both need to know how to have awkward conversations.

First, identify why you feel like this will be a difficult conversation – your own shame, your spouse’s response?  Think about what your spouse’s response might be and if you can do anything to improve the situation, but be honest about what’s going on.  Sugarcoating conversation about how you maxed out your credit (“Remember that amazing place I took you for your birthday?”) or putting it off until she tries to use her card are only going to make the conversation harder.  As soon as you need to have the conversation, have it!  Lay it all out on the table, listen to your spouse’s response, and then be ready to problem solve.

As an example, let’s say that you have two kids who are twenty one and seventeen.  Your older daughter is attending a private school which you and your husband financed with a combination of cash, student loans, and a scholarship she earned.  Your younger son is applying for schools now, but scholarship money is much harder to come by and since you and your spouse have separated you don’t have the resources to help him out.  You believe your children should get equal support, your spouse believes that if your son can’t find enough scholarships or grants he will have to go to a less expensive school.

You could:
1. Wait until he is accepted to his first pick and submits his paperwork.  When the bill for the deposit comes, have a huge blow up over how it will be paid for, causing your son to feel to blame for your conflict.

2. Set up a time to talk to your spouse about this before your son begins to apply for schools.  Start with, “I’m afraid we might not be able to help with Steve’s tuition the way we did with Angie’s.  I understand that you feel he needs to find the rest of his tuition money himself, and I want to help him more.  Given the situation we’re in now, can we discuss what kind of contributions we both think we can make?”

Starting an awkward conversation can dramatically reduce your anxiety and start a pattern of having direct, productive communication.  Again, it’s never too late to start.  Read the previous Your Money column about how to talk about money before marriage here, http://www.nytimes.com/2009/10/24/your-money/24money.html, before you enter into your next relationship.  You can also learn more about how to handle your personal finances before a divorce here: http://www.divorce360.com/divorce-articles/finance/general/divorce-planning-5-financial-tips.aspx?artid=782.

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Avoid Holiday Hysteria

Friday, November 6th, 2009

It’s early November, and the stress of the holiday season may already be creeping in. Shopping for gifts and big meals, planning events, coordinating with family members and friends who are coming to visit…it’s an exciting, overwhelming time for everyone. But if you you’re separated, divorcing, or divorced, the next two months might feel like they’re completely out of control.

Fortunately, there are a few tools and strategies that you can start using now to preempt your own feelings of holiday hysteria and help create a peaceful season for your family.

In my upcoming book, Making Divorce Work, my co-author and I center several exercises around how to articulate your goals, which will help you stick to them. You should create goals for your entire divorce process and its outcome, and for moments when you’ll need some extra guidance to hold onto. Before things get crazy, take a few quiet minutes to write down what you want out of your holiday season. By taking the time now to articulate your big-picture goals for your divorce and its outcome, you will give yourself the power to stay focused on what you need, let go of what you don’t by defining how you’ll achieve your goals through manageable steps. When you feel like you’re going to lose it, you will be able to look to your goals for support in making decisions that will keep you on track towards.

For example:

“My family and children will enjoy the holidays and the fact that we’re getting divorced will not interfere with that”

“I will not fight with my relatives at the holiday table even if they try to start an argument”

“Years from now, I will be proud that I took the high road during conflicts and my behavior was a model to my children.”

Keep in mind that this isn’t a one-time exercise. Use goal-setting in situations where you feel you’re losing sight of what’s important by being overwhelmed by what’s urgent. Some of our mediation clients have kept their lists folded in their wallets or even on the fridge to help them keep focused on what they really want. As the holidays roll closer, take a deeper look at your goals and core strategies. Think about how you can use these points of focus to stay on course and avoid the drama that takes you away from achieving peace and satisfaction. In the coming weeks, I’ll be going over more specific strategies for resolving conflict and staying sane.

For more thoughts on how goal setting can help you navigate tough situations, see http://www.divorcerecovery101.com/just_divorced.html, http://www.divorcemag.com/articles/Collaborative_Law/prioritizing-goals-interests.html, and 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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Who to Lean On

Monday, November 2nd, 2009

Manage the bulk of your anxiety through family and friends who are supportive, and turn to a mental health professional when your friends’ reassurance is insufficient to keep you focused on your own life rather than on your spouse’s. But use your lawyer only for legal questions. Call your lawyer to get help with “whats” and “hows” of the divorce, but calling him or her to report your spouse’s bad behavior is an inappropriate use that will only cost you money. Anticipating your spouse’s strategies in negotiations should be useful in helping you to practice backing up your choices with facts, examples, or alternatives. But try to spend your time planning, not in worrying about “What if she won’t let me have the kids enough time?” That kind of call to your lawyer evokes anger or frustration when the lawyer cannot fix your situation, and rarely leads to successful strategizing.

 

This time may be filled with a dawning awareness of the less glamorous aspects of divorce. Your quiet home now seems empty, lonely. You never realized how difficult it would be to get all three of your children to their activities without someone else to pick up Jamie at the middle school, be home when Mike calls for a ride, or get Susie to dance class, all within one hour of each other. This period often leads to re-questioning the desirability of the divorce. Couples who are acting civilly with each other in efforts to be cooperative may experience “mini-reconciliations.” These brief interludes do not last for most couples, as they slip back into the patterns that led them to divorce in the first place. They do, however, provide temporary respite during the long waiting process. When these reconciliations fail, people may emerge with renewed vigor to get the divorce over with, and become angry and frustrated with their lawyers and the legal process when it slows them down. Prepare yourself as much as possible by reading some good books about divorce (see http://www.peace-talks.com/books.php). Also, visit the Peace Talks resource center at http://www.peace-talks.com/resources.php for good articles, plans and checklists.

 

 

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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How Do I Manage My Anxiety at this Time?

Wednesday, October 28th, 2009

As discussed earlier in this chapter, most states have a mandatory waiting period before people can be divorced, even if both parties have completely resolved all of their issues. This period is sometimes referred to as a “cooling off” period, ostensibly designed so that people do not make hasty decisions to divorce. While you are waiting, a pervasive anxiety is natural. Anxiety is a nonspecific, persistent feeling of uneasiness in its milder form; a more intense version is filled with dread and fears. This period of the unknown is when most people turn off the trail of a rational divorce and begin bushwhacking through unmarked territory. Such stumbling about can lead you to spend many wasted hours feeling lost, frightened, and looking for a way back to the familiar.

 

Use this period to plan rather than to plot. Fill it with the productive work that leads to negotiation. Make your lists of assets, property, debts, and future desires. Get your priorities straight, knowing what you can and cannot live without in terms of living arrangements, money and property issues.

 

Set up and try interim agreements with your spouse, so that you learn what really matters to you. However, do not try various arrangements too flippantly. In many cases, post-divorce financial and child-related arrangements, yet to be discussed, are remarkably similar to the interim agreements couples set. Such agreements often lead to decisions by parents, and by the courts, that favor consistency and maintenance of current conditions, rendering it difficult to effect a major change. If you have agreed to pay $500 per month for alimony in the interim period, your claim that you cannot afford that amount will be difficult to prove subsequently.

 

One characteristic of the legal system that riddles this period with anxiety is that the legal process is slow, especially compared to individual desires to “get this over with as soon as possible.” You will feel on some weeks that nothing is happening in your case. Check in with your spouse and attorney. Perhaps there is some way you could help speed up the process, maybe documents are needed that you could amass more quickly, or perhaps there is nothing that can be done at this time and your spouse is working on his or her part. Knowing the status of your case and what to expect in terms of timing should help. For some common sense care for anxiety, see http://www.holisticonline.com/Remedies/Anxiety/anx_common_sense.htm. For 9 tips for managing anxiety without drugs, see  http://www.johnshopkinshealthalerts.com/reports/depression_anxiety/1156-1.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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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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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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