productive conflict resolution Archives | Page 2 of 4

March 1, 2016

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The Week recently printed an article on negative impacts of divorce on children. You can read the article here. It is a summary of research done around the world demonstrating how divorce negatively impacts children. Unlike the commonly known impacts of divorce on children and future relationships, this article identified some of the lesser known outcomes. For example, children of divorce are much more likely to begin smoking in their lives as well as end up on prescriptions for ADHD (such as Ritalin). Children of divorce often find less success in school and are more likely to drop out of school. The article also points to research illustrating that children of divorce have more health concerns than children who’s parents remain married. What the article fails to explore is how the process of divorce may impact these outcomes. Parents can choose the process to divorce. They could have an adversarial process, wrought with harsh communication, positional negotiations and overall negativity. However, an alternative, peaceful process, such as collaborative divorce can preserve the positives in a relationship and help children thrive after the divorce is final. Divorce does not have to result in long-lasting negative outcomes. A divorce done well, with care and concern, respect and honesty, can often lead to family structures that are better off than they were before the divorce. Children can be protected in that process and have positive futures. The negative consequences in the article are real (obviously the research shows as much), but a divorce done right can lead to much better outcomes for everyone. Contact a collaborative law professional if you want to learn more about divorcing well to protect everyone in the future.

October 14, 2015

Some time ago I wrote about The Four Agreements from a book by the same name by Don Miguel Ruiz. Ruiz believes we can stay out of conflict if each person makes the following agreements with him or herself: 1. I will be impeccable with my word. 2. I will not personalize anything the other person says, does, thinks, feels or believes. 3. I will make no assumptions. 4. I will do my best each day with the energy I have been given. The Second Agreement frequently needs to be reinforced in my work with families. To successfully make the transition from married couple to co-parents, parents must learn not to reflexively react to each others’ negative emotional states and behaviors. This is a complicated task. Establishing close human relationships requires us to be sensitive to the feelings of others, and to form attachments. Early childhood development experts often refer to the creation of healthy attachment between an infant and caregiver as the “dance of empathy.” Though attachment begins in infancy with attuned parenting , it continues throughout a lifetime. Empathy is a building block of positive relationships. However, empathy without clear boundaries can morph into co-dependence. When relationships become co-dependent, a person’s emotional state becomes enmeshed with the emotional state of the other. If the other expresses anger, his or her partner feels attacked and defensive. If the other expresses sadness, his or her partner feels blame and shame. The partner personalizes and thus assumes responsibility for the thoughts, feelings and actions of the other, and organizes his or her own thoughts, feelings and actions around the impossible task of changing the other. Ruiz reminds us that each person has a choice about how he or she will think, feel and act in response to a given situation. The only power to change comes from within. Recognizing this reality allows one to detach from personalizing and reflexively reacting to the behavior of the other, and by doing so, staying out of conflict with the other. It can be hard work, but setting the goal of establishing new and healthy emotional boundaries during and after a divorce sets the stage for effective co-parenting in the future.

October 11, 2015

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We are currently enjoying the annual Minnesota Get-Together. The State Fair is an annual ritualistic event that many Minnesotans appreciate. When families are divorcing, it is often important to continue to maintain these rituals to keep consistency for children. When conflict overwhelms a divorce these important factors may be lost. A collaborative process, that focuses on the interests of the parties can help keep these important rituals in the family. Many families take the annual trek to St. Paul, Minnesota to the State Fair grounds. Whether they drive and pay $20 to park on someone’s lawn or jump in a church parking lot and take a free shuttle, they all end up at the Fair. Once there, they may play games in the Midway, taste meatloaf on a stick or Sweet Martha’s Cookies, or explore the many educational/agricultural opportunities. There are parades and musical performances. Animals galore. It seems everyone has their own “way” of exploring the Fair. When a family divorces, the annual Fair-going event may change. Some families can maintain the traditions and attend the fair together, despite the new status of divorce. Other families may trade-off the Fair event each year or share it in some way (mom and dad swap at the corner of Cosgrove and Randall). Or maybe a family friend or grandparent will maintain the tradition. What is most unfortunate, however, is when these types of traditions are lost altogether. It may result from financial challenges or anger between the parents. Sometimes rituals are just lost in the transitions – they may be forgotten. A collaborative process can help to keep the focus of divorce on the children. Keeping the focus on what matters most to them will help keep these types of rituals in the forefront. As a whole, the family will be better off and rituals can be maintained if you work together on the outcomes.

October 5, 2015

In his book about how to avoid human conflict, Don Miguel Ruiz suggests these four agreements that a person makes with himself or herself: 1. I will be impeccable with my word. 2. I will not personalize the anything the other person says, does, feels, thinks or believes. 3. I will make no assumptions. 4. I will do my best each day with the energy I have been given. This post will focus on the Third Agreement, which can be very difficult to keep, in part because of how we are wired. Our human brains are constantly analyzing our environment and making conscious and subconscious decisions about whether or not a threat exists. Without this vigilance, we would not have survived as a species. Our vigilant human brains are also designed to categorize and sort, and then to recognize patterns. When patterns repeat, we give the patterns a meaning and define this as learning. This is how our brains are designed to work. However, it can happen that when we recognize patterns, we give them the wrong meaning. We can make an incorrect assumption (which is the definition of a superstition). We get further and further from real meaning if we persist in believing and acting on our assumptions. This can create unnecessary misunderstanding and conflict, and it happens all the time, especially in intimate relationships. Rather than make assumptions, it is important to remain open to alternate interpretations and ask good questions. One can easily make misguided assumptions even when absolutely sure one is right. When I met my mother-in-law, her home was filled with frog ornaments. For years, family members gave her frog-themed items for her birthday and Christmas, and she found places to display them all. After 10 years, I happened to ask her when she first started to like frogs. She responded, “Oh, I don’t like frogs.” All evidence to the contrary! I said in puzzlement, “But you have such a collection of frogs, I just assumed you liked them.” She smiled and told about receiving frog-decorated towels as a thank you gift from a guest. She put the towels in her guest bathroom, and the next guests assumed she liked frogs and bought her a frog ornament, which she promptly displayed. What was never true about my wonderful mother-in-law was that she liked frogs. What was true was that she proudly displayed the gifts she was given, to honor the givers. In the relationship crisis of a divorce or break up, it can be especially easy to make negative assumptions about one’s spouse or partner, and express these assumptions directly to other people. A child once told me in tears about hearing one parent say to the other, “This divorce is proof you never really loved your family.” Making the Third Agreement helps ensure that children will be kept at the center and out of the middle.

September 20, 2015

0In his book The Four Agreements, author Don Miguel Ruiz articulates four principles which, when regularly practiced, will enable people to avoid conflict and live a peaceful life. The agreements one makes with oneself are: 1. I will be impeccable with my word. 2. I will not personalize anything another person says, does, thinks or believes. 3. I will make no assumptions. 4. I will do my best today. I teach my Collaborative clients about The Four Agreements and encourage them to read the book while we are creating their parenting plan. I help them recognize when their words or actions contradict an Agreement and get in the way of problem solving. I believe these are core concepts not only for effective interest-based negotiation, but for living a centered life. One of the most difficult agreements to follow is not making assumptions. When two people live together in intimate circumstances, they pick up many cues about each other. Humans are wired to read cues and reach conclusions. Problems can arise if the conclusions are inaccurate or incomplete, especially if the conclusions are not checked out with the other person. This is especially the case when people are in conflict and already feeling mistrustful of each other, as is so often the case with divorce. In a recent client meeting while discussing a sensitive co-parenting issue, I observed both parents making assumptions, and then getting into an argument about their assumptions. One parent assumed the other had become too absorbed with his own needs and was not taking steps to monitor their middle school-aged son’s homework and school progress during his parenting time. The other parent assumed the first parent had made disparaging remarks about him to their son during her parenting time. Both were responding to their son’s recent drop in grades and negative attitude. By making assumptions instead of asking questions, parents entered into a blame game that only served to escalate tensions and distract them from effectively understanding and addressing their son’s difficulties. When I was able to talk with their son, I learned he was feeling overwhelmed by the demands of taking three honors courses while also dealing with the stress of the divorce and being on an elite soccer team (which he loved). He felt he was letting his parents down, especially his dad, and this made him edgy and irritable. With this feedback, parents were able to move away from their inaccurate assumptions, reframe their understanding of their son’s behaviors and, as co-parents, take appropriate steps to help reduce his stress.

September 9, 2015

71926831-woman-at-desk-looking-at-photograph-gettyimages On lists of life stressors, divorce is usually ranked among the top two or three most emotionally challenging events. The process itself is experienced as highly stressful by many people, and from what we know about recovery from profound loss, it takes at least a year to begin to regain equilibrium. In other words, the stress caused by a divorce does not usually just go away when the decree is signed. Especially in situations in which there has been a high level of tension and acrimony during the divorce process, it can be very difficult to shift from conflict mode to co-parenting mode if there are children in the family.

New sources of stress can arise post-decree, e.g. introducing children to new significant others, a parent’s decision to move, loss of a job, children struggling to adapt to the new normal. It is normal for these kinds of change to create uncertainty and distress.

When contemplating a divorce, many people turn to divorce professionals for ideas, advocacy and support. This can lessen feelings of isolation and uncertainty during a time of crisis. However, after the decree has been submitted to the court, people may feel they are on their own to pick themselves up and commence with the rest of their lives.

It has been my experience that specific post-decree support provided by neutral coaches and neutral child specialists can be an invaluable resource for families defining their new normal after a divorce. In the context of voluntary post decree alternative dispute resolution, resources can be shared, support given, and skills developed for effective co-parenting. Parenting and relationship plans can be created (if not completed during the divorce itself) or revised by joint agreement. In the context of voluntary alternative dispute resolution, children can be safely included in this process, e.g. to check in about their adjustment to new schedules and routines. It has been suggested that follow up care like this should be offered to all divorcing couples, though not all may need it.

This is not a replacement for psychotherapy. Individual therapy can enhance personal growth, provide support and help adults and children heal emotionally. Couples therapy specific to the end of marriage can help resolve lingering emotional issues and conflict. Family therapy may be valuable, especially if relationship repair between parents and children is needed. It is also not a replacement for support groups or resources like Daisy Camp. However, post-decree consultation with neutral experts who specialize in helping family members make the healthiest possible adjustment to a divorce can be a focused and powerful kind of support during a challenging time of transition.

August 19, 2015

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I’m not always a very wise shopper. I tend to fall into the trap of thinking something is a good deal if I save money. And at least in the short term, my cheaper purchase may do just fine. But inevitably, cheap purchases lack staying power and don’t hold up well. I was reminded of this recently when looking in dismay at the boots I bought on sale at a discount shoe store. After one season of wear, the leather has frayed on the toes of both boots, and they won’t be wearable next season. In contrast, the Frye boots I splurged on when I was accepted into graduate school decades ago still look great. I knew at the time that these boots were an investment meant to last. When some potential clients hear about Collaborative Team Practice, their first response is, “That sounds too expensive. I don’t want to spend much money on a divorce.” Because most people have to budget money with some care, it can easily feel like professional fees are not where limited resources should go. But be aware of the trap of thinking something is a good deal if it saves money. A quality divorce process is an investment in the future, especially when children are involved. Collaborative professionals are experts in conflict resolution and creative problem solving, and can respectfully support families through the crisis of divorce to sustainable resolutions. Collaborative professionals are deeply knowledgeable in their areas of expertise—family law, financial resolutions, children’s needs in divorce, parenting plans and co-parenting skills. Simply put, the right Collaborative professional will help you understand what you may well not know about how to make the best possible decisions on behalf of yourself and your family. The least expensive divorce options may seem adequate at the time, but the results are often not sustainable. This may mean heading back into a post-decree legal process that is guaranteed to be costly. Collaborative Team Practice is not the best fit for all divorces, but when it is, it is clearly an investment in quality outcomes with staying power for the future. For more information, check out the Collaborative Law Institute website.

August 17, 2015

As a collaborative law professional, I work with divorcing couples on out-of-court resolutions that meet big picture goals and interests. It is challenging work that I have dedicated my career to and I strive daily to provide the highest level of service. As a general practice, I check in with my clients a year or so after the divorce to see how things are going. I genuinely care about my clients and enjoy learning where they are at after a divorce and what accomplishments and challenges they have faced after the transition. While many traditional, court-based divorce attorneys hear from their clients often with post-decree disputes or modifications, I believe if I have done my job most effectively, clients will be prepared to handle most everything that comes up after a divorce on their own. More often than not, the only way I know how my clients are navigating a post-divorce world, is to reach out and ask them. I recently heard from two former clients. First, I heard from a spouse who had one of the more challenging financial situations I have dealt with. There was significant debt and substantial expenses (as there often are) and they had shared some unique financial goals regarding their investments and retirements moving forward. They also agreed to share future income in a manner that was unique in the eyes of the law, yet suited their big picture goals. The parents agreed on many parenting issues, but both had personal experiences with bad divorces in their own childhoods, so they were apprehensive and untrusting of the other. They also intended to move out-of-state for the main wage-earner’s work once the children finished the school-year, although there was concern on follow through with this agreement. I heard from this client that the move happened without a hitch and they have peacefully transitioned into two homes in a new community. The children are thriving with the help of good communication and some family counseling. I heard from my client that “things are better than I expected” and that my client truly believes they are both doing really well. Most importantly, my client was excited to share the accomplishments of the children, yet sharing truthfully some of the difficulties they have had with the transition. This client expressed gratitude for a collaborative divorce process that allowed them to acknowledge the positives in their relationship and preserve what works, while restructuring things for a better future. My other client had recently navigated his Wife getting remarried. He provided spousal maintenance to his ex-Wife and the decree had contemplated the financial circumstances changing upon remarriage if either spouse requested such a review. My client informed me that despite the decree allowing for a review, he had decided not to do so because he wanted to continue to support his ex-Wife in a financially stable situation for the benefit of his children. Even though he could have likely lessened his obligation, he felt most comfortable with maintaining the status quo and continuing support. Like my other client, he thanked me for providing a process that allowed him the flexibility to decide what feels right but also preserved the respect and caring he shares for his ex-Wife. Indeed, that respect has benefited her greatly as well through the support. In my years of experience and check-ins with clients, I am continuously impressed by the level of gratitude clients express for the collaborative process. It is a process that creates unique outcomes tailored to each family’s needs and, I believe, results in longer lasting agreements and stronger post-divorce relationships.

August 6, 2015

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A family with whom I am privileged to work on their Collaborative divorce gave me consent to tell this story. A few weeks after completing the two meetings with me that are a typical part of my child-inclusive parenting plan process, a teenager (I’ll call him Jay) asked if could meet with me again. Jay confided being miserable about both parents putting him in the middle, though he knew this was not intentional. He could read his parents’ body language and emotional tone after their phone conversations, and perceived both parents as distressed, sad and angry about as-yet unresolved aspects of their divorce. He felt himself drawn to ask questions to try to understand the contentious issues, but the answers he received just made him feel worse, because then he felt like he was supposed to choose sides. I suggested we have a family meeting to share his concerns with parents, which was exactly what Jay wanted. His parents were also supportive of this idea. At the family meeting, this courageous and empathetic young man began by saying “I love you both, and I want you both in my life. You’ve told me you want to work things out in the best way for me and my brother, and I believe you. I just need you to try to get along better with each other.” Jay acknowledged how hard it was for him to walk away when his mom seemed so sad, or his dad seemed so angry, but that he really wanted to be out of the middle of their conflicts with each other. Though I had already talked with parents about the negative impact on kids of feeling in the middle, this was different. This was listening to their child’s own words. His parents really listened. Before the meeting ended, Jay asked if he could sum up what he hoped for, and shared the most amazing metaphor: “You know I used to be best friends with Sam and Mike, and we’re not really friends any more. But we’re on the same baseball team, and when we’re playing baseball we’re teammates, we have each others’ backs and we know how to play well together. I know you guys won’t be married any more but I want you to be on the same team, because you’re my parents.” What a perfect description of co-parenting, and all the more powerful for being in the voice of the child. We need to keep listening to that voice.

April 17, 2015

I am often asked what a “drafting” process for divorce entails. While a full process often has 3-5 professionals, a process for clients who have worked out most of the resolutions on their own, can be much more streamlined. Using an attorney for legal advice and drafting can be a cost-effective and quick way to proceed. Here is how the process typically works: 1. Client hires attorney. In a drafting process, the client should hire an attorney who is willing to take on a drafting role – drafting the agreement and advising the client of his/her legal rights. 2. Client and attorney meet to discuss the resolutions reached. In a drafting process, the clients have typically already reached agreement on property division and cash flow. They have disclosed everything to each other and made decisions about how to divide the property (assets and liabilities) and agreed upon child support and/or spousal maintenance if needed. In this initial meeting, the client provides the attorney all supporting documentation and discusses the agreements reached. The attorney advises the client of the legal implications of the agreements and either confirms the agreements or discusses potential revisions. Sometimes, the attorney brings up ideas or questions that the client has not yet contemplated. If so, the client can go back to their spouse and discuss these additional matters. 3. Once the final agreements are discussed, attorney can draft the documents. In Minnesota, the substantive divorce document is a Stipulated Judgment and Decree. There are other supporting documents needed, but this is the main document needed. This Judgment and Decree outlines all resolutions that have been agreed upon. 4. Client reviews the documentation. 5. Spouse reviews the documentation and has an attorney review and advise him/her of the legal implications. 6. The attorneys and clients can communicate and revise the documentation as needed. 7. Once finalized, the documents are signed by clients and attorneys and filed. While a drafting process can be efficient and cost-effective, it works best when clients have all agreements in place and do not waiver from their original positions. If the clients learn more about their legal rights and wants to further explore options, it is often best to enter into a collaborative process, where more options can be explored.