How to Know if Mediation is Right for Your Divorce: The Goldilocks Solution

COVID-19 restrictions have brought Jill and Ron’s marriage to the brink. They’ve agreed to divorce but not to much else. Ron thinks they should hire lawyers to work it out in court and suck up the costs. Jill doesn’t want to spend all that money and time or hand over decision-making power to a judge. To her it’s a no-brainer to hire a mediator to help work things out between them more amicably, quickly and inexpensively.

Is mediation the right solution? It often is, for a number of reasons:

1.     You meet on your own time, at your own convenience, not when the court dictates. It can take a few weeks or months - not a few years as court often does.

2.     You construct your own agreement including terms that make sense to you. The mediator facilitates the conversation but can’t impose any decision.

3.     Costs are lower for two reasons: first, you split the mediator’s fees, rather than each paying the higher hourly fee of a lawyer; second, it almost always requires fewer hours.

4.     Co-parenting is easier after facilitated problem-solving sessions. There is a chance of improving ongoing communications, which is a big win for your children.

5.     Privacy is a guarantee in mediation, unlike court proceedings which are open to public scrutiny.

Mediation is preferred by more and more couples these days, and is successful 85% of the time. That missing 15% shows that it’s not always the best process for everyone. It is “The Goldilocks Solution” for parties who get along “just right”. Exceptions occur when conflict is too low or too high.

Too Low:

If Ron and Jill can amicably work out an agreement at the kitchen table, why hire a neutral third party? They can save the cash. They will only need lawyers at the end, to provide legal advice and prepare a Separation Agreement.

Too High:

If conflict escalates, Jill and Ron won’t negotiate well. This is a judgement call, unique to each case, but generally mediation is NOT recommended when any of the following questions is answered with “yes”:

·     does a history of abuse in the relationship prevent one party from negotiating on his or her own behalf?

·       does substance abuse or a mental health problem prevent Ron or Jill from rational problem solving?

·       is emotional turmoil at a peak, preventing one or both from listening?

·       is one party unwilling or unable to negotiate in good faith?

These situations give cause to pause, although they don’t necessarily preclude mediation. Sometimes it’s best to delay until parties calm down. Perhaps the couple can wait until medical or therapeutic support has been provided.

Mediators are also trained to offer accommodations such as inviting a lawyer or support person into sessions. Shuttle mediation can also be used to keep parties in separate rooms.

Most separating couples are in the Goldilocks middle range, with conflict neither too high or too low, but just right.

To learn more about Divorce Mediation: ReflectiveMediation.ca

ABOUT THE AUTHOR

Mike MacConnell, founder of Reflective Mediation, is an accredited family mediator, conflict coach, educator and author. He is the highest-ranked mediator on Google in the greater Toronto area, with over 180 5-star reviews. To book your free consultation click here.

How to Reduce Conflict in Social Isolation

It’s a blessing to have company during social isolation. But it can feel like a curse.

Pick your issue - one way or another, many of us feel triggered and ready to snap at our partners, roommates or children when we’re stuck home with one another – and there’s no place to get away.

For example:

·       She predicts global catastrophe with an air of certainty that you find pompous and depressing.

·       His advice on how to do household chores makes it sound like he thinks you’re incompetent.

Here are a few tips on managing your response when you’re tempted to snap.

What if instead of getting caught up in judging your partner, or feeling criticized, you recognized the other’s behaviour as useful, incoming information about how it is for them? What if you assumed the other person was doing the best they could?  Try finding out. A dose of sincere curiosity can shift the outcome from conflict to connection.

It’s called an Aikido Approach*. Simply put, it’s about “going with” instead of pushing back.

Here’s how it might play out when you feel irritated or overwhelmed:

·       First, get quietly centred in yourself. Check in on your agitated reaction.

·       Notice your impulse. Name it to yourself. Take a slow, conscious breath.

·       “Go with” the other person’s words. Assume their behaviour is a legitimate expression of what they need now. Cultivate curiosity about that.  

·       Inquire into what it looks and feels like for them.

To the global catastrophist you might say:

·       “Tell me more. Your predictions sound pretty dire and scary.   Should I be scared? Do you want to talk it through?”

·       “Are there any steps you think we should be taking to prevent that from happening?”

·       “What are your suggestions about how we can prepare in case that occurs?”

In response to advice on household chores you might say:

·       “I get that doing chores correctly matters a lot to you. We share that. If I did them my way, please explain what you are worried would happen?”

·       “When I hear your advice, it sounds like you doubt my ability. That is upsetting for me. What impact were you hoping to have?” 

·       “Can you suggest a way for us to discuss this more skillfully?”

It’s called an Aikido approach after the martial art that neutralizes conflict without unnecessary force or injury to either side. When someone comes at you, (or their words do) you simply get out of the way and add your own energy to theirs. You unbalance the other’s position, without aggression. Applied to relationships, the Aikido approach defuses conflict by helping you understand the other person, even if you don’t always agree.

Curiosity is hard to summon when you disagree or feel hurt. The natural reaction is to resist, correct, argue, inform, or get even.  It isn’t easy to put your reactions on hold; but curiosity works. It requires an attitude of acceptance, a centred willingness to “go with” the other person rather than push back from a sense of threat.

No need to fake it. No need to agree. Being curious is about genuinely accepting that their point of view and their feelings are as legitimate to them as yours are to you.

Tension is less likely to build. And when it does, find something to ask. When your goal is not to get back at them, you’ll improve your ability to get back with them.

 * Fully articulated in The Magic of Conflict, by Thomas F. Crum, Touchstone Books, 1988.

ABOUT THE AUTHOR

Mike MacConnell, founder of Reflective Mediation, is an accredited family mediator, conflict coach, educator and author. He is the highest-ranked mediator on Google in the greater Toronto area, with over 180 5-star reviews. To book your free consultation click here.

Conflict Not Quite Triggered

Conflict Not Quite Triggered

 I was riding my bicycle down Christie Street with the wind at my back, late for work and pushing hard when a woman in a parked car suddenly opened her driver’s door. I swerved, barely missed hitting her, and braked to a stop.  Adrenaline soared.  I was aware of my heart pounding as I turned to unleash a stream of insults.    

 Then I saw myself.  In a flash of insight I was looking down at the furious cyclist confronting the shocked driver.  I knew exactly what would happen.  I would shout – she would get defensive.  I would insult her and she would respond by giving me, this crazy cyclist, the finger.  She would get on with her day feeling that she was the victim.  So I shifted the script.

“I doubt you were intending to harm me,” I said as softly as I could manage.  “You probably just forgot to check your mirror, but that isn’t an innocent error.  If I had been injured he cops would have charged you.  Not checking your mirror is actually a crime.”

“You’re right,” she replied.  “I’m terribly sorry. I’m just glad you aren’t hurt.  I really will be more careful from now on.”

I climbed back on my bike and rode on, still shaken, but feeling resolved.  As a cyclist, I had been in altercations before, but this was the first time I came away with anything approaching a sense of satisfaction.

When you are upset with someone, whether in a brief encounter like this, or even more when a long term relationship goes sour, your mind obsesses with every fault of the other, running a self-justifying story loop that goes around and around in your head.

Even when every crime you recite is true, you only tell yourself half the story. Your side.  A similar loop of half-truths is going around in the other person’s mind.

It’s a great way to prepare for battle.  A terrible way to resolve conflict.

It helps to remind yourself of your goal.  Is revenge your objective?  If so then go ahead, keep demonizing your enemy.  But if you want to end the conflict and move on, try mindfulness.

Let’s be clear about that term.  Mindfulness isn’t an elevated or exotic state.  It’s the simple practice of observing yourself doing whatever you’re doing.  You breathe all the time.  Chances are, however, you weren’t aware of the last breath you took. 

The same is true of the emotions you feel and the stories you rehearse in your head.  They usually happen automatically.  You’re barely aware of the loop.  Mindful awareness simply entails slowing down to observe what you’re thinking and feeling.  Then time seems to expand slightly, permitting a pause between impulse and response.

The next time you’re in conflict it might not erupt.  You may become aware, instead, that the gap is not so great between you and your opponent.

ABOUT THE AUTHOR

Mike MacConnell, founder of Reflective Mediation, is an accredited family mediator, conflict coach, educator and author. He is the highest-ranked mediator on Google in the greater Toronto area, with over 180 5-star reviews. To book your free consultation click here.