Divorce Doesn’t have to be a Zero-Sum Game: The Case for Collaborative Ethics in Divorce

When couples enter divorce mediation, they often arrive with a defensive posture. Each person, understandably anxious about their future, believes they must fight for every dollar, every minute of parenting time, and every household item. This mindset reflects what I call "Competitive ethics" – the belief that my gain must come at your expense, and that my only ethical obligation is to maximize my self-interest. 

But after years of mediating divorces, I've observed something remarkable: those who approach separation with this zero-sum mentality typically end up worse off than those who are collaborative. 

I advise them: take a pause. Let’s reflect. Recognize that EVERYTHING HAS CHANGED. You need to accept that you’re going to have your kids less of the time. You’re going to have fewer resources. Start from that reality. Then we can work towards terms that make this work for the kids. 

The False Promise of Competitive Ethics 

The Competitive approach seems logical on the surface. In a divorce, resources are finite – there's only so much money, property, and time with children to go around. If I get more, you get less. Simple math, right? 

Not quite. This view fails to account for the hidden costs of conflict: 

A couple I worked with spent $45,000 in legal fees fighting over a retirement account worth $80,000 before they shifted to mediation. Neither "won" – the lawyers did. 

Another pair spent three years in litigation over their parenting schedule, during which their son developed anxiety issues that required therapy. The "victory" of two extra overnight visits each month came at an incalculable cost to their child's wellbeing. 

The Collaborative Alternative 

A collaborative approach recognizes that even in divorce, your wellbeing remains connected to your former partner's wellbeing when children are involved. Consider these real-world examples: 

Financial collaboration: One couple creatively restructured their assets so he could keep his business intact while she maintained housing stability for their children. Rather than forcing a business sale that would have diminished value for both of them, they found a solution where both could thrive. 

Co-parenting partnership: Another couple developed a flexible parenting arrangement that accommodated both parents' work schedules and the children's activities. When emergencies arose, they covered for each other without keeping score. They set a healthy example for their children, who thrived because they prioritized cooperation over competition. 

Why Collaboration Works Better 

The collaborative approach works because it recognizes fundamental truths about human wellbeing: 

1. Psychological peace holds tangible value. The stress of ongoing conflict creates health costs, work disruption, and diminished quality of life that rarely justifies the material gains. 

1. Children need functional co-parents more than they need extra possessions. Your ability to communicate effectively with your ex-spouse directly impacts your child's adjustment to divorce. 

1. The divorce process is just the beginning. Co-parenting continues for years or decades. The patterns you establish now will shape countless future interactions. 

Practical Steps To Get There 

• Ask yourself: "What outcome will still feel successful five years from now?" 

• Consider the full ecosystem of your divorce, not just the immediate division of assets 

• Remember that your children's wellbeing is inextricably linked to both parents' stability 

• View problem-solving as a shared challenge rather than a battleground 

The path of collaboration isn't always easy. It requires vulnerability, creativity, and sometimes accepting less than what you might "win" in court. But by seeking solutions that benefit all involved, you often secure the outcomes that best serve your own long-term interests. 

In the end, the most ethical approach to divorce also happens to be the most practical one: building bridges rather than burning them, even as you part ways. 

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.

Finding Her Voice: Empowerment for Women Through Divorce Mediation

Separation and divorce are often distressing and overwhelming experiences. It is counterintuitive that something so frightening can also be an opportunity for empowerment. However, as a family mediator in Ontario, working with individuals from diverse cultural backgrounds, I have witnessed firsthand how the mediation process can help individuals—especially women—step into newfound strength and autonomy.

In many cultures, women are accustomed to playing a secondary role in family decision-making, particularly when it comes to finances. Whether they are immigrants from societies where men traditionally hold authority over financial and major life decisions, or Canadian-born women who have found themselves in similarly subordinate positions, the transition into separation presents a profound shift. This is not to say that men do not experience a similar power imbalance in some cases, but I see this phenomenon most frequently with women who have been conditioned to defer to their husbands in critical matters.

Family mediation changes the rules of engagement entirely. It is a no-fault process, meaning that past roles, behaviors, and decisions do not dictate the present. Both parties enter negotiations as equals, tasked with the responsibility of shaping a separation agreement that reflects their needs and interests. This is an enormous shift for many women. For the first time, they must articulate their positions, advocate for their rights, and engage in financial and parenting discussions with equal authority.

Not all women feel capable of stepping into this role, and not all women should. When safety or mental health concerns are relevant, mediation may not be appropriate, but in the majority of relationships it is. Just last week, I came close to entering into mediation with a couple and the woman ultimately chose to go to court rather than to engage in mediation because she felt unprepared to assert herself in negotiations. I felt sad - not because she made the wrong decision (she is the expert on her own life, not me), but because I have seen time and time again that when women find the confidence and courage to express their needs and interests, remarkable transformations take place.

When a woman claims her voice in the mediation process, she often finds that her ex-partner begins to see her differently—as an equal rather than a subordinate. This does not repair the marriage, nor is that the goal, but it does create the foundation for a more respectful co-parenting relationship. By asserting herself in discussions about parenting schedules, financial decisions, and future responsibilities, she helps shape a dynamic where her perspectives are valued. This shift has lasting effects. Children benefit from seeing their mother as a capable, independent decision-maker, and the process of negotiation fosters a healthier post-separation relationship between parents.

While separation is undeniably painful, it can also be a turning point. Through the facilitated conversations that occur during mediation, women can reclaim their agency, redefine their roles, and step forward into their future with confidence. Empowerment is not about winning or dominating—it is about having a voice, making informed choices, and recognizing one's worth. The mediation process, when embraced fully, can be a powerful vehicle for that transformation.

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 Set Boundaries For a Post-Separation Relationship: Building Bridges, Not Walls

I work with couples who are separating. The marriage is over. That’s the easy part. The hard part is building a partnership to work together as co-parents. Whether repairing or ending a relationship, success often hinges on how well you set and communicate personal boundaries. Boundaries are the invisible lines that define what you are comfortable with and what you are not. When a former partner crosses these boundaries, they can leave us feeling distressed, even when the other person is unaware they have done so. Learning to identify and share these boundaries effectively can strengthen relationships, helping both partners feel respected and understood. Better communication will help you better parent your children.

The first step in setting boundaries is understanding your own. This involves self-reflection to identify the situations, behaviors, or words that make you uncomfortable or hurt. For instance, you might realize you feel undervalued when your partner doesn’t acknowledge your efforts around the house or dismissed when they interrupt you during conversations.

Once you’re clear about your boundaries, you can begin to think about how to share them with your partner. It’s important to remember that you speak about boundaries not to control others but to protect your well-being. Framing them in this way—as tools for mutual respect and connection—helps set a constructive tone for the conversation.

When it’s time to share your boundaries, the goal is to invite collaboration, not conflict. Too often, people approach these conversations by accusing their partner: “You’ve crossed my boundary” or “You’re disrespecting me.” While such statements may feel justified, they come across as attacks, making the other person defensive.

Instead, frame the conversation as an opportunity to build understanding. For example, you might say: “I’m sensitive about certain things, and I’d like to talk about how we can minimize hurt feelings. Can we have a conversation about this?” This approach respects both your needs and your partner’s autonomy.

Imagine you feel unheard because your partner frequently interrupts you during conversations. Rather than saying, “You never let me finish” or “You don’t care about what I’m saying,” try:

“It’s important for me to feel listened to. Can you let me finish what I’m finish what I’m saying before you jump in? Then I’ll give you time to speak.”

This phrasing shares your feelings without assigning blame and invites your ex to collaborate on a solution.

Another common boundary revolves around feeling appreciated. Perhaps you’ve been putting extra effort into supporting your partner by accommodating their last minute changes to pick-up and drop-off times, but they haven’t acknowledged it. Instead of saying, “You take me for granted,” try:

“We’re both putting effort into raising Jimmy. But can you acknowledge that I’m the one who is always making adjustments when your schedule suddenly changes and you’re late at work. It

takes a lot of flexibility on my part. I know you can’t help those changes, but you seem to take it for granted that I’ll be available. Will you agree to check in with me before assuming I’m free, and express some appreciation when I am?”

This approach focuses on expressing appreciation to foster a positive atmosphere.

The ultimate goal of communicating boundaries is to bring your co-parenting into alignment, not to highlight your differences. Try to avoid boundaries becoming weapons or markers of victimhood. Present them instead as opportunities to deepen understanding and strengthen your connection.

By approaching boundary-setting as a partnership, you shift the dynamic from “you versus me” to “us working together.” Remember, healthy communication is about finding common ground, even in challenging conversations after the marriage has ended. Mutual respect and understanding are the keys to success.

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.