In Part 1, we talked about how kids just seem to know how to play, and consequently, they develop important skills through play.  As previously mentioned, the Minnesota Children’s Museum in St. Paul has an exhibit, “Seven Powers of Play” where kids create, tinker, and discover, and acquire those skills.  As we become adults, work replaces play, and perhaps some of those skills we learn as children fall to the bottom of our toolbox.  Life happens, but in a divorce, those skills can be THE tools needed for changing your mindset and creating not only a healthy divorce process but a rewarding life post-divorce. 

Those skills are:

  1. Creative thinking
  2. Critical thinking
  3. (Self)-Control
  4. Confidence
  5. Collaboration
  6. Communication
  7. Coordination

Let’s identify them, dig them out, and polish them up.

Creative thinking – to consider and experiment with alternatives freely and without fear in any situation.

This is the paradigm shift and brainstorming phase of the Collaborative Process.  The couple can (literally) shout out their goals and ideas for how they’d like the divorce to move forward and their family life to flow as they uncouple.  For example, what do they want co-parenting to look like both short-term and long-term?  Do parents really need to stay in their on-duty parenting lane, or could they celebrate holidays together?  Contrary to the “typical” divorce and cultural expectations, perhaps they gather for family meals (yes, even after they are divorced!) weekly or monthly.  They stretch their creativity to what they need and want without fear of what society expects of them during and after their divorce. 

Critical thinking – to discern knowledge, information, and interest in order to solve a problem, prove a point, or decide what to believe. 

After brainstorming, those critical thinking skills are put to the test.  Divorce is a set of issues to be addressed and solved, not a war to be fought and won (or lost).  After all the information is gathered and various options created, the couple analyzes and discerns the best outcome and option for their family unit going forward.  It’s not about who is getting more of the pie; rather, it’s looking at the various parts of the pie and determining which part is preferred.  (I’ll take a buttery graham cracker crust over the Frech silk/chocolate mousse filling anytime.)   

Self-control – to interface with and within a bustling society with the ability to manage one’s own attention, emotions, and behaviors. 

We know what it looks like for a toddler to throw a tantrum, and it takes years of patience (and not giving in to that tantrum) for a child to self-regulate.  During a divorce, it’s not at all unusual for adults to completely lose their cool.  Divorce is emotional, frustrating, and it feels devastating.  We are human and it’s ok to be angry during this time.  Adults, however, need to muster their will to utilize the pre-frontal cortex of the brain, and respond, rather than react, to the situation.  Collaborative professionals can help create a safe space for the couple, and a trained divorce coach can help them regulate their emotions and get them back on track. 

Confidence – to genuinely believe in one’s own abilities to experience success and satisfaction in not only what one can do, but also what one is willing to try.

Often, the Collaborative Process helps the couple parent their kids better.  When parents focus on the future and how a structured, yet flexible parenting plan can work for everyone, their ability to co-parent not only increases their confidence for their future but helps them improve their overall self-esteem.  When they feel like they are “doing good” by their kids, everyone wins, and confidence improves.  Clients have reached out to me a year or more after the divorce to tell me their co-parenting relationship is better than they ever imagined it could be.     

Collaboration – to engage with others positively and productively in pursuit of a common goal.

Believe it or not, a divorcing couple has at least one common goal: to ensure that their kids are ok.  Most couples have several common goals, but the foregoing is always at the top.  Even if they have adult children, divorcing couples want to at least be comfortable seeing their former spouse at a family event, like a graduation or wedding.  Collaboration in a divorce is crucial to the future well-being of everyone in the family.  We will dive deeper into this skill in Part 3. 

Communication – to take language and literacy (the tools of communication) and use them to exchange information with power and precision. 

Shifting communication and using “I” statements is a simple, yet powerful tool for everyone to utilize.  We all need to take ownership of what we say.  If something comes out sideways, common sense dictates clarifying and apologizing.  Nothing can change the energy in a room like a sincere apology.  While that communication style, which might have been lost during the marriage, can be (re)learned, the professionals on the case open the meeting with expectations for everyone.  The goal is that the couple will learn more productive ways of communicating in the future.

Coordination – to recognize, use, and appreciate the physical marvels of the human body.

I view coordination as a child’s ability to learn and use both large muscle and fine motor skills. Picture the early walker looking like Frankenstein Baby with arms held out and an awkward gait, but wearing the biggest, proudest grin on that precious face.  Or a child learning to skip or ride a bike: they try, fall down, and get back up and do it again.  Eventually, they ride without falling down, and skip with smooth strides.  For adults, this can mean recognizing when they are going to “lose it” and taking a few deep breaths to slow their breathing and heartrate.  This deeper dive into learning about the sympathetic nervous system and the fight, flight, or freeze response, which relates to the ability to self-regulate, as noted above, can be critical during times of stress.  It’s amazing what the human body can achieve.

While it might come as a surprise that the above skills are learned through play during childhood, it shouldn’t be a surprise these skills are vital for healthy adulthood.  Sometimes a marriage doesn’t work.  But that doesn’t mean the people in that marriage don’t work or are somehow broken.  Is it possible the above skills were lost or forgotten?  Yes.  But now is the time to find them, brush up on those skills, and perhaps relearn how to use them. 

About the Author
Audra practices exclusively in the area of conflict resolution, with an emphasis on Collaboration.  She believes Collaboration works best for families with children to help them move forward and thrive.  She helps her clients reframe and change their mindset about the divorce itself, so they can see it as a new beginning.  When she’s not Zooming with colleagues and clients, you’ll likely find Audra cheering on her kids at a various sporting events.

Audra Holbeck, Attorney, Mediator
Holbeck Law
E: aholbeck@holbecklaw.com
Ph: 651-379-0330
Holbecklaw.com

By the time many couples reach my office, they are exhausted. Not “we’re struggling to communicate” exhausted. I mean sleeping-on-the-couch, avoiding real conversation, reading lawyer reviews, terrified for the kids, Googling-apartments-at-1:00-AM exhausted.

Often one person, for the first time, is thinking seriously about divorce, while the other is desperately trying to save the marriage. They are sitting on the same couch but 1000 miles apart in their minds. This is one of the darkest moments in a relationship — and one of the hardest situations for therapists to treat well.

Both clients and many couples counselors assume the same thing: if we’re not fully committed to fixing this, what’s the point of seeing a therapist? Others think, “I’ve already tried so hard for so long. I can’t survive trying one more time only to end up back in the same hopeless place again. It will kill me.” And traditional couples therapy often assumes something that simply isn’t true: that both people are equally committed to repairing the relationship.

But many couples are not walking into therapy with a shared agenda. One spouse may be leaning toward the exit while the other is leaning hard toward repair. Underneath that imbalance is usually a painful combination of fear, grief, anger, guilt, hope, and emotional exhaustion — a complexity that deserves to be taken seriously, not rushed past.

In other words: not exactly ideal conditions for “communication skills.”

I remember one husband saying to me:

“I feel like we’re showing up to two completely different meetings.”

Honestly, he was right.

One partner wanted clarity about whether the marriage still had life in it. The other wanted reassurance that divorce was off the table. Those are very different goals, and when therapists miss that reality, sessions can quickly turn into emotional tug-of-war matches.

One spouse feels pressured. The other feels abandoned. The therapist feels stuck. Nobody leaves hopeful.

This is one reason I’ve come to deeply value the Discernment Counseling model. In this approach, the first task is not fixing the marriage, but helping people slow down enough to get clear about what they want to do — and how to do it thoughtfully. That may sound obvious, but emotionally overwhelmed couples rarely slow down on their own. Humans under threat tend to do one of three things:

  • fight
  • flee
  • demand immediate certainty

Unfortunately, major relationship decisions made from panic and desperation are not always the wisest ones.

What Discernment Counseling offers instead is something deceptively simple: a structured pause. A space where neither person is pushed toward a predetermined outcome, but the chance to learn what’s possible for the future.

Some marriages end. Some marriages heal. Some couples realize they need a structured attempt at repair before they can make a final decision with any confidence. Discernment Counseling doesn’t tell you which path to take. It helps you figure out which path actually fits your situation, your history, and your values — and then move forward with intention rather than panic.

One of the most meaningful shifts I see in this work happens when couples stop arguing about the outcome and start becoming curious about the story. How did we get here? What happened between us? What did each of us contribute? What could we do differently if we chose to try? Those conversations feel very different than: “Are we staying together or not?”

And strangely enough, when people stop trying to force immediate resolution, clarity often becomes easier to find.

I sometimes tell couples:   “You do not have to decide the rest of your life this week.”

You can almost feel the nervous systems in the room exhale.

Because couples at this stage are often experiencing what I think of as emotional smoke inhalation. Visibility is poor. Everyone is reacting to pain. When people are scared, they tend to either grip tighter or run faster — and neither response reliably produces wisdom.

The antidote isn’t pressure. It isn’t forced positivity. It’s being genuinely understood in the middle of the mess, and having a process that can hold the complexity of what you’re actually facing.

Even at a relationship’s darkest hour, clarity is still possible. Sometimes reconciliation is too. But both become more likely when couples feel truly heard rather than managed — and when they’re given enough space to move from reactive to reflective.

That kind of space is hard to find on your own. It’s what this work is for.

If any of this resonates with where you are right now, I’d be glad to talk. You don’t have to have it figured out before you call.

About the Author

For more than 25 years, Brian Burns has worked with adults navigating relationship crisis — couples questioning whether to stay together, parents struggling to co-parent after divorce, and individuals uncertain whether therapy can still help. Brian is a Licensed Marriage and Family Therapist and founder of MN Relationship Repair in Woodbury, Minnesota, specializing in couples therapy, Discernment Counseling, Collaborative Divorce coaching, and co-parenting support.

He is especially known for helping couples on the brink of divorce navigate conflict, infidelity, emotional distance, and long-standing relationship patterns. Some arrive hoping to repair the relationship; others are uncertain whether repair is possible. Brian helps couples slow down, better understand what is happening between them, and make thoughtful, informed decisions about their future.

Brian is trained in multiple models of couples therapy and Discernment Counseling. He has served as an Approved Supervisor for the Minnesota Board of Marriage and Family Therapy for more than 20 years and has held leadership roles with the Collaborative Law Institute of Minnesota, including Board Director and Co-President.

A self-described “fan of marriage,” Brian brings both honesty and accountability to his work. He is committed to helping couples strengthen relationships whenever possible and, when separation is necessary, guiding families through the process in healthier ways — especially for children.

Brian regularly teaches therapists, attorneys, and other professionals on marriage, conflict, infidelity, co-parenting, and divorce. Outside the office, he enjoys time with his wife, following the adventures of their four adult daughters, reading, and spending time outdoors.

Brian Burns, LMFT
MN Relationship Repair
brian@mnrelationshiprepair.com | 651-505-3418
https://www.mnrelationshiprepair.com/

 

I love museums, and fortunately, so does my family.  When my kids were little, my husband and I often took them to the Minnesota Children’s Museum in St. Paul.  In addition to the exhibits, the Museum has ways for kids to just be.  I loved watching my kiddos create, tinker, discover, and play.  The “Seven Powers of Play,” developed by the Museum, are core developmental benefits that children acquire through play.  As I observed their little imaginations running wild, it struck me (and bears repeating) that we all need to play.  Throughout the Museum, families could discover fun facts, quotes, and ideas, along with boards that listed a separate “power” of play:

  1. Creative thinking – to consider and experiment with alternatives freely and without fear in any situation.
  2. Critical thinking – to discern knowledge, information, and interest in order to solve a problem, prove a point, or decide what to believe.
  3. (Self)-Control – to interface with and within a bustling society with the ability to manage one’s own attention, emotions, and behaviors.
  4. Confidence– to genuinely believe in one’s own abilities to experience success and satisfaction in not only what one can do, but also what one is willing to try.
  5. Collaboration – to engage with others positively and productively in pursuit of a common goal.
  6. Communication – to take language and literacy (the tools of communication) and use them to exchange information with power and precision.
  7. Coordination – to recognize, use, and appreciate the physical marvels of the human body.

So, all of you who are parents, grandparents, aunts, and uncles can appreciate this list, right?  Play is powerful!  In “Our World” a Minnesota “city” is set up in the Museum so the kiddos can shop at the farmer’s market, get packages ready for mailing at the post office, pretend to drive a fire truck, create signs, and so on.  The “Powers of Play No. 5, Collaboration” board really caught my eye in this area.  On it was the following:

Skills in Action:

  • Cooperating with others to identify and pursue a common goal
  • Showing compassion and sympathy
  • Asking thoughtful questions and making connections

Power the Play

  • Encourage children to try out new roles
  • Let a child’s story unfold naturally
  • Add a plot twist: “What would happen if…?

Hmmm…if young children can learn and apply collaborative skills, then surely adults can, right?

So, taking a lesson from the Children’s Museum, we will dive a bit deeper in Part 2 and take these skills and powers to see how they can fit into a Collaborative divorce.

About the Author
Audra practices exclusively in the area of conflict resolution, with an emphasis on Collaboration.  She believes Collaboration works best for families with children to help them move forward and thrive.  She helps her clients reframe and change their mindset about the divorce itself, so they can see it as a new beginning.  When she’s not Zooming with colleagues and clients, you’ll likely find Audra cheering on her kids at a various sporting events.

Audra Holbeck, Attorney, Mediator
Holbeck Law
E: aholbeck@holbecklaw.com
Ph: 651-379-0330
Holbecklaw.com

What: CLI Minnesota Forum 2025
Dates & Times:
Thursday, December 4, 2025 

Friday, December 5, 2025
Location: Delta Marriott NE | 1330 Industrial Blvd. NE, Minneapolis, MN 55413
Speakers: Tim Crouch, Camille Milner, Sebastian Dziuk, Panel of CLI Members
Agenda:  Click here

CLI Forum 2025 Committee Chair:
Judy Johnson
| judith_h_johnson@hotmail.com
Committee Members: Deb Clemmensen, Janna Hefty, Dave Jamison, Brittany Pearson, Shaina Praska, Rebecca Randen, Gay Rosenthal, Laura Schultz, Sandy Beeson

Sponsorships are available for the Annual Forum. Click here

FORUM 2025 PARTNERS & SPONSORS
Visit our Annual Partner page – Click here

Sponsors Supporting the CLI Mission and Forum 2025

Annual Platinum Partner
Rainbow Mortgage, Inc.| 
www.rainbowmortgageinc.com | Dave Jamison

Annual Gold Partners
OurFamilyWizard | 
www.ourfamilywizard.com| Racheal Howitz
Strategic Mediation Solutions | 
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Annual Silver Sponsors
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www.mortgageforest.com | Brett Leschinsky
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www.edinarealty.com/jennifer-morris-realtor#  | Jennifer Morris

Forum Sponsors 2025
Speaker Sponsors
The Law Shop | 
www.thelawshopmn.com | Louise Livesay
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www.anconatitle.com | Ryan Brown
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Forum Packet Sponsor
Miroslavich Law PLLC |
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Supporting Sponsor
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 www.millcityappraisals.com | Kyle Engdahl

Forum Scholarship Sponsor
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Exhibit Sponsor
Engel & Volkers | 
www.lindseysharp.evrealestate.com | Lindsey Sharp

Buffet Sponsors
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KQ Consulting, LLC | Kirstina Quast
Colab Suites | Kari McGuire
HDV Financial | Carol DeWitt
CrossCountry Mortgage | Jeff Vorlicky

Happy Hour Sponsor
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www.xbrezzo.com | Kimberly Miller

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If you have questions on registration or sponsorship, please call or email CLI Minnesota Admin Sandy Beeson at 952.405.2010 or cli@collaborativelaw.org

Date: Thursday, September 26, 2024
Title: Collaborative Practice Values and Ethics: Learning from the Mayo Clinic model in using core values to help focus on the needs of clients and their families
Presenter: Judith H. Johnson
Collaborative Practice Attorney – “Resolving Disputes Respectfully”
www.collaborativedivorceminnesota.com
Description of Training
What are the unique practice values and professional ethics that Collaborative Professionals bring to their work with clients and families? How are they similar (or different) from the practice values of the Mayo Clinic model? Collaborative Professionals bring so much heart into their work – how can we be more intentional about using that focus to bring greater value to our work, for the sake of our clients and their families? Part of “going viral” with our service is making sure that client experience is consistently something empowering for them personally, that they feel compelled to share with others – how can consistency in delivering that “viral” service also help to grow our message to couples who need us?
Location:
 3300 Edinborough Way, Edina, MN 55435, 1st Floor Training Room
Time:
12:00 PM Lunch (Optional)
12:50 PM Announcements and introductions
1:00 PM Presentation Begins
2:30 PM Break
2:45 PM Presentation
4:15 PM Presentation Ends
Cost:
CLI Members and non-members:
Lunch & Presentation: $60
Presentation only: $50
CLI Student Members, CLI Emeritus Members:
Lunch & Presentation: $10
Presentation only: $0
CLI Annual Partners: $0
Continuing Education:
3.0 credit PENDING MN CLE (2 Standard, 1 Ethics)
3.0 credit PENDING MN BOD of Psychology
3.0 credit PENDING LMFT
Certificate of attendance for self-filing for LICSW & ADR.

Instructional Materials for Attendees: 

We are also asking, as part of our collaboration with Mayo Clinic Patient Experience this year, that attendees purchase in advance of this training, the little book “Mayo Clinic Values: A Field Guide for Your Journey”, from Mayo Clinic Press
https://mcpress.mayoclinic.org/product/the-little-book-of-mayo-clinic-values/      

Cancellation: 
Refunds for registration will be processed if notice of cancellation is received by 9/20/24.
Who Should Attend: CLI Members, Family Law Professionals
Educational Level: Overview

Questions?
Registration: Sandy Beeson 952.405.2010 | cli@collaborativelaw.org
Training Chairs:
Louise Livesay-Al | louise@livesaylawoffice.com
Rebecca Randen | rebecca@randenlaw.com

Emily and Daniel were in love. Their love story had once been the envy of the neighborhood—a whirlwind romance that blossomed into a marriage filled with laughter, shared dreams, and whispered secrets. But as the years went by, cracks appeared in their fairy tale. After years of therapy, divorce was agreed upon as the next step.

At a local coffee shop, Emily consulted with Susan, an attorney who specialized in collaborative divorce, a path less traveled but one that promised healing rather than heartache.

“Emily,” Susan began, “I know this is tough. But have you considered a collaborative divorce?”

Emily sipped her latte, her eyes tracing the steam rising from the cup. “What’s that?”

Susan leaned in, her voice soft. “It’s a different approach. Instead of battling it out in court, we assemble a team—a dream team, if you will.”

Emily raised an eyebrow. “A dream team?”

“Yes,” Susan said. “Picture this: You, Daniel, and your respective attorneys. But that’s not all. We also bring in a neutral facilitator—a wise soul who guides conversations and ensures emotions don’t derail the process. And a financial expert—they’re like wizards with spreadsheets, helping us untangle the financial knots.”

Emily’s curiosity piqued. “And what’s the goal?”

“To find common ground,” Susan replied. “We sit around a table, not a courtroom. We talk, we listen, and we create solutions together. No winners or losers—just a fair resolution.”

Meanwhile, across town, Daniel met with his attorney, Ethan, who had an established divorce litigation practice. The fluorescent lights buzzed overhead, casting shadows on the carpet.

“Daniel,” Ethan said, adjusting his tie, “we’re going to court. It’s the way things are done.  We serve her, file the papers and start the process of hearings.”

“But what about Emily?” Daniel asked. “We used to love each other. Can’t we find a better way?”

Ethan sighed. “This is how it works with divorce.  We’ll request documents, hold depositions as needed, and present evidence. It’s a battle my friend.”

Daniel remembered the nights he’d held Emily as she cried. He wanted closure, not combat. Maybe Susan’s dream team was worth exploring.

Back at the coffee shop, Susan continued her pitch. “Emily, collaborative divorce is cost-effective. No endless court appearances, no billable hours stacking up. Plus, it’s faster.”

“But what if Daniel refuses?” Emily asked.

Susan smiled. “We’ll encourage him. And if he agrees, we’ll craft a customized settlement—one that considers your needs and the kids’ well-being.”

Back in Ethan’s office, Ethan faced Daniel. “We’ll fight for your rights, Daniel.”

Daniel glanced at Ethan’s stern face. He thought of Emily, their shared memories, and the pain they both carried. Maybe there was another way.

Emily and Daniel stood at the crossroads, their hearts heavy with choices.

The Collaborative Path:

  • A team of allies.
  • Solutions born from dialogue.
  • Healing over hurting.

The Traditional Path:

  • Adversaries in court.
  • Evidence and arguments.
  • Winners and losers.

As the sun dipped below the horizon, Emily and Daniel made their decision. They chose the dream team—the path of collaboration. And in that choice, they found not just a divorce, but a chance to rewrite their story.

When life hands you a divorce, consider the roads less traveled. Sometimes, the dream team can turn heartbreak into hope.

Disclaimer: The characters and events in this story are fictional. Any resemblance to real persons or situations is purely coincidental.

Note: This story is a creative representation of collaborative and traditional divorce. Seek legal advice from a professional attorney for personalized guidance.

This story was created in part with the use of artificial intelligence and in part by attorney Angela Heart.

Angela Heart | Attorney
Angela is a collaborative family law attorney at Heart Law, LLC. Her mission is to enable and empower divorcing couples to have a smooth transition that is family focused during a life changing event. To find more information about Heart Law go to 
www.heartlaw.net.

Heart Law, LLC
651-337-1333 | angela@heartlaw.net
www.heartlaw.net

 

 

Since its inception in Minnesota 30 years ago, the Collaborative Divorce process has helped families in all 50 states and more than 25 countries find a healthier way to end their marriage without going to court.   However, this respectful alternative to contested divorce has largely remained unavailable to families in greater Minnesota.  The recent advent of virtual practice and Zoom meetings has changed this landscape and opened up new possibilities for the statewide availability of Collaborative Divorce.

The Collaborative Divorce process was created in 1990.  Minnesota attorney Stu Webb, discouraged by the emotional and financial side effects of adversarial divorce, piloted a new approach in which attorneys would be involved for settlement purposes only.  Because Collaborative divorce attorneys were disqualified from going to court, these attorneys needed to become effective and creative negotiators and problem solvers.  The result was a process in which divorcing couples could design customized outcomes for their families and not go to court.

As the Collaborative Divorce concept grew throughout North America and the world, it evolved into a team process.  By using specially trained neutral experts in child development, family systems and divorce-related finance in addition to their Collaborative attorneys, clients are able to bring this added expertise to their parenting and financial resolutions, and likely reduce the financial cost of their divorce.  The process is tailored to the needs of the family using professionals based on the skills and expertise they need.

It has been an unfortunate reality for accessibility that specially trained Collaborative professionals are typically concentrated in metro areas, including in Minnesota.  But with the social distancing required by the pandemic, almost all divorce professionals are working with and representing clients online, typically through Zoom meetings.   This means that a couple’s distance from Collaboratively trained professionals is no longer an obstacle.  Individuals in greater Minnesota, can now have access to a full Collaborative team without leaving their homes.

To learn if a Collaborative Divorce is right for you and your family, please visit the website of the Collaborative Law Institute of Minnesota at www.collaborativelaw.org.  There you will find detailed information about the Collaborative process, as well as names and bios of Collaborative professionals who practice this family-friendly, problem-solving, and future-focused process.  Collaboratively trained professionals will be happy to offer you free informational meetings via teleconferencing to help you make the decision about whether this process, and a particular attorney or neutral professional, feels right for your needs.

Collaborative Practice Highlights:

  • The entire process is legally and ethically done outside of court
  • The result of the process is customized to the particular needs of a divorcing couple and/or family
  • Clients can build a team of Collaboratively trained attorneys, neutral financial experts, mediators and mental health professionals (coaches and child/family specialists) who focus on problem solving and dispute resolution
  • Collaborative professionals can offer specialized ala carte services in specific areas of particular need for clients, e.g., financial plans, parenting plans, conflict resolution, preparation and review of legal documents, and more.
  • Collaborative Law Institute of Minnesota (CLI) website: collaborativelaw.org
  • Find a Professional: https://www.collaborativelaw.org/find-a-professional/
  • CLI Blog: collaborativedivorceoptions.com
  • CLI Mailing address: 4707 Highway 61 N, #217 | White Bear Lake, MN 55110

The Collaborative Law Institute of Minnesota and the North Dakota Collaborative Law Group are nonprofit organizations focused on transforming the way families divorce by helping them create customized solutions and stay out of court. For more information or to find a Collaborative professional near you visit www.collaborativelaw.org (CLI) or www.nddivorce.com (NDCLG)

About the Author:
Shared by the Collaborative Law Institute of Minnesota
Public Education Committee

 

 

Frustrated with the world of politics today? Unless you are reading this from your hospital bed, having just awakened from a long coma, I am going to guess the answer is yes. Whether you are a Democrat or a Republican, it’s likely that you have about had it with all of the acrimony and with the arguments being made by “the other side”. Probably the one thing we can all agree on is that everyone on “the other side” is quite disagreeable, both in their opinions and their manner of expressing their views.

If you have bravely ventured out into the world of political discourse in an attempt to influence “the other side”, whether at a gathering of friends or family, or on some social media site, there is a pretty good chance you came away even more frustrated after the experience. Any naïve thoughts you may have had about the other person changing their mind likely hit a brick wall that, by the end of the exchange, had become, if anything, even stronger in its resistance. If “the other side” argued back at you there is a pretty good chance that your brick wall got fortified as well. You and “the other side” achieved the very opposite of what you both wanted to achieve, and you both were left in a state of frustration.

As a divorce lawyer, I am struck by how similar all of this is to how most couples behave when they are in conflict.  I am hoping there is something about watching these political arguments that may create a true learning opportunity for these couples.  The reality that I just described; the dynamic that most arguments lead to chaos, frustration, and a deepening of divisions is an important insight. And what better time to learn it than when you are going through a divorce.

Trust me, as someone who has “been through” numerous divorces, the maddening events that are playing out on the political stage, bear an amazing resemblance to conversations I have regularly observed in my office during the past three decades. Two people, seized with emotions, bent on getting another person to agree with them, stay awake at night thinking of great arguments to persuade their spouse that they are right, or worse, thinking of “good” attorneys who can do that for them.

If you are in the middle of it (either politics or divorce), you are likely so caught up in your frustration with “the other side” that you have little insight about what you are doing that is actually making your life worse. However, if you are able to stand back, if only for a moment, both with the political arena and arguments with divorcing couple, it is fairly easy to see that all we are doing is pouring gas on a raging fire.  Once you come to that realization, you may find yourself wondering what the alternative might be. Our inner voice immediately retorts that “we can’t just give in”, thinking, from the standpoint of our ego, that fight or flight are the only true options. Is there a third option?

There is. It has different names, but the most common phrase that negotiators use is “interest-based bargaining.” I will skip that jargon and simply call this alternative “dialogue” for the moment. Dialogue, in the sense I am using it, is one of those ideas that is simple but not easy. It starts with the idea of letting go of arguments and changing minds and focusing instead on seeking common ground or at least a basis for common understanding. What I have observed, at least with divorcing couples, is that if we can reframe the discussion away from “arguments to change minds” and on to dialogues aimed at achieving common understanding, it is possible to achieve common goals.  This type of dialogue is a central tenet of something called Collaborative Divorce.  To learn more about Collaborative Divorce, go to www.collaborativelaw.org.  In the meantime, watch what is happening on the political stage and see if there might be some valuable life lessons that will help us become a better nation, and better families.

About the Author
Ron Ousky, JD,
is a Collaborative Attorney and mediator who has dedicated his practice to making sure that families facing conflict understand their options.  He believes that families facing divorce are in a unique situation to make a better life for their families and he is dedicated to helping them find the resources to build a better future.  For more information about his practice go to www.ousky.com

About 3 and a-half years ago, a family in the Collaborative Divorce  process was working with the Neutral Child Specialist .   It was stated by my client that dad’s alcohol use was the primary basis for her seeking the divorce. She couldn’t take it anymore. She had been involved in Al-Anon and working on no longer being codependent and practicing stronger boundaries. Dad denied that he had any problems. Mom wanted their teenage daughter to have a relationship with her dad, but wanted it to be a healthy relationship that didn’t put her at risk. What came out in the work with the daughter was that she experienced her dad drinking and driving and she only wanted to spend time with dad when she felt safe. beer-can-79546During the process of creating the parenting plan, the Neutral Child Specialist arranged for a meeting the parents both agreed to attend in which it could be determined, and possibly ruled out, whether dad did have any problems with substance abuse. This happened because of how the team of lawyers and professionals worked together thinking about the greater good of the family system. But at the meeting dad wasn’t ready to hear it, and again said he had things under control. So, a parenting plan was created that gave daughter the opportunity to have time with her dad in smaller chunks of time, but have a mechanism in place to end the time if she ever felt at risk. Mom could also say no to time if she had a basis to say that dad was under the influence. They created details that both parents, and their child, felt comfortable with because they could focus on what was needed for the child to feel safe as well as the importance of the parent-child relationships. After the divorce, about a year later, I received a note from her client. She said that dad was finally pursuing treatment with the two professionals the Neutral Child Specialist had arranged the meeting with during the work on the parenting plan. She said that dad finally hit bottom and was ready to begin his recovery. When I look back on this case, I believe that a seed was planted and a relationship was started with people that dad could finally hold his hand out to for help when he was ready. And, because you can not force someone to make change before they are ready, a parenting plan was created that was responsive to the needs of the child. The dad was not dragged through the mud and vilified, and denied access to his child. Rather, a child responsive plan was put in place and now this family is on a better path. The mom said in a note to me, “I really appreciate the entire collaborative team. The support through this most difficult time was immeasurably helpful. I found [your] and the team’s understanding, when dealing with a substance abuse spouse, extremely insightful. [The Neutral Child Specialist] was direct, yet kind in dealing with both [dad] and myself. The entire team had our daughter’s interests at the forefront. [Dad’s] attorney also was helpful in this aspect, aware of the pitfalls in dealing with an alcoholic….thank you…in helping me through this, supporting my goals and providing a positive environment.”
In Part 1, vortex was defined as: 1) a whirling mass of water or air that sucks everything near it towards its center; 2) a place or situation regarded as drawing into its center all that it surrounds, and hence, being inescapable or destructible.tropical-cyclone-catarina-1167137_1920 The second definition provides a visual for what many think a divorce “looks like.”  While the end of a marriage is emotionally tumultuous and devastating, the actual legal process of uncoupling does not have to be.  But, it is critical that you choose a process that promotes healing.  The Collaborative Process does just that. Collaboration is a holistic approach to divorce.  It can be utilized by couples who are ending either a marriage or significant relationship, or who have a child or children together.  Although some people question whether it is an appropriate process when domestic abuse or mental health/chemical dependency issues are present, many others think it can (and should) at least be attempted.  If you don’t want to be another “divorce horror story,” the Collaborative Process will likely be a great fit. Collaboration focuses on the future (i.e., the relationship of co-parenting in two homes) rather than the past (i.e. the vilification of one spouse); is a win-win for both partners (rather than a court-imposed win-lose); and emphasizes the well-being of the entire family.  You don’t air your dirty laundry in court, and you aren’t (literally) judged.  In fact, you never set foot in a courtroom.  The negotiation model is interest-based/win-win, rather than positional/win-lose.  You pay attorneys to help you solve problems, not argue and keep you stuck in the past.  Every family is unique, so every family deserves a unique solution.  And if you have young children, please keep in mind they need you present and available.  You can’t be present when you are fighting the other parent in court.  In Part 3, we will discuss the various professionals in the Collaborative Process and how their expertise can help you avoid the divortex.