You catch more flies with honey than with vinegarPeople that face divorce often describe feeling caught between two powerful motivators.  On the one hand, they often feel they will need to “play hardball” in order to make sure they get the settlement they deserve. On the other hand, they know that an acrimonious divorce could damage their children, their integrity and their financial stability. What most people do not know is that you do not need to choose between a peaceful solution and getting a better outcome.   In fact, you can actually protect yourself more effectively through well planned civil negotiating methods.   Hiring an attorney to play hardball in divorce court almost always backfires in divorce court. More than 95% of all divorce cases end in a settlement rather than a trial.   Therefore, it is most effective to think of the divorce process as a exercise in getting your spouse to “say yes” to your most important goals. It is important to think about the technique that is most likely to get your spouse to “say yes” to the things that matter the most to you.  Playing “hardball” is generally a strategy of having your attorney make aggressive arguments.  While that might, on the surface, seem like what you want your attorney to do, is this really likely to work?  How often have you seen arguments cause your spouse to change his or her mind?  Arguments and aggressive tactics in divorce court,  like most arguments in the kitchen, generally just lead to more arguments and aggression. There is an old saying that “you catch more flies with honey than with vinegar”, which, of course means that you get better agreements through smart civil tactics.  This saying is even more true in the divorce world where aggressive “vinegar” arguments are nearly certain to create an emotional response that will simply lead to more arguments. Does being civil during divorce mean that you simply need to give in to everything your spouse wants?  To the contrary; civility does not mean weakness and, in divorce, you can seek advocacy without stirring up acrimony.  One way that is growing rapidly around the world, is a method called Collaborative Practice where you and your spouse hire attorneys and other professionals who focus on settlement only and who help both spouses find better outcomes.  This gives you the opportunity to have someone “advocate” for you in a way that is far more likely to protect your interests.
ListeningAs a neutral child specialist, I value the opportunity to learn from the children with whom I work, all of whom have parents who are ending or have ended their marriage or partnership.  Parents add a neutral child specialist to their Collaborative team because they see the benefit of children having a voice and getting the support of a mental health professional during a very difficult time in their lives. I will never forget the very wise voice of a little girl who told me, “Deb, I’m not gonna tell my friends that my parents are getting divorced—that sounds too jaggedy.  I’m gonna tell them my parents are getting unmarried, because that means the same thing.”  How simple and how brilliant! It is true that our neural nets for the word “divorce”  include a lot of jagged associations that sound painful and scary to parents, and even more so to their children.  The term “unmarried” helps create a new and more hopeful neural net of associations during and after a divorce or break up. How different to a child’s ear to hear that her family is changing how it works rather than her family is broken?  To understand that parents will co-parent rather than have joint custody?   To believe that children will be kept at the center and not in the middle?   Listening to children’s voices helps keep a crisis in their lives from ever becoming a trauma—and that is priceless.
Where should I sit? This is a common thought walking into any new room.  This is especially true if you are involved in a legal discussion and emotions are high. In a memorable Collaborative Practice training I attended a couple years ago, the instructor encouraged us to think about conference room space at our respective offices.  We were to think about our seating space from the perspective of a client and also from the perspective of the other participants.  We had a thorough discussion on the pros and cons of where to park various participants and a role-play about seating; who should sit where?  Why? It is a little like solving a puzzle, trying to find the best seating position to attain a comfortable and effective discussion. Should the attorneys sit next to each other and the clients sit next to each other?  Should it be grouped by attorney-client pairs on each side of a table?  Should the clients sit across the table from one another?  Is it better to have the clients sit directly across or diagonal from one another? Does this sound like what you would think a group of attorneys would get together to talk about?  No, this type of discussion is way outside the realm of traditional litigation-based attorney training.  This is the Collaborative way of thinking. Collaborative Attorneys and other Collaborative team members are trained and experienced in thinking not just about the legal aspects of a case, but also the non-legal aspects of the client experience. Seating at a group meeting is just one example. It is quite simple:  when people are comfortable, they are better able to think with a clear head.  These non-legal factors in the client experience play an important part in negotiating successful and durable settlements. It is common for attorneys to say that most of family law is not about the law.  What they mean is that the law is only part of the equation and that emotions and other factors play a major role in resolving a case.  Collaborative teams are uniquely trained to think about and value these non-legal factors in helping their clients negotiate legal solutions.