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little girl with paper family in hands

Divorce with Children – An Interview with Ben Stich

I was honored to be interviewed by Natalie Armstrong from the Marketing Resolution YouTube Channel on Tuesday from among the many stellar divorce and family mediators she knows. The interview was fun, brief, and hopefully informative for viewers interested in learning about family and divorce mediation. Check it out!

Divorcing with Children: An Interview with Divorce Mediator Ben Stich

When there is a divorce with children an effective separation agreement can set the stage for better outcomes for kids. One of her goals from the interview was to help viewers learn how mediation helps parents craft a child-centered custody arrangement and parenting plan.

About Mediator Natalie Armstrong-Motin

Natalie is a fierce advocate of dispute resolution practices. She promotes divorce mediators and dispute resolution experts from a range of industries, including family law. Her goal is to increase awareness of peace-making resources that exist throughout the world. To that end, her YouTube Channel is a volunteer venture and does not produce income for her or the interviewee.

To learn more about Natalie’s work promoting mediation professionals check out The Marketing Resolution YouTube channel.

Her channel is all about the resolution industry. It highlights the providers – the mediators, arbitrators, collaborators, facilitators, trainers, authors, speakers, bloggers, organizations, associations, and laws. Contact Natalie Armstrong-Motin at Marketing Resolution

Recording equipment in studio. Studio microphone with headphones and mixer background

How to Divorce in Massachusetts Using Mediation: An Interview on WCRN

I had the great fortune to be interviewed by Attorney Allen Margulis of the Total Counselor Show on WCRN on July 31st about how to divorce in Massachusetts. During the hour-long interview we discussed the different ways to get divorced in Massachusetts, with a particularly emphasis on divorce mediation.

I shared one of my favorite mediation stories: Two parents came to me after spending six figures on their contested divorce process without any progress…and resolved the entire divorce in under $5,000 total mediation fees!

In addition to the financial and time benefits to mediation we discussed at length the destructive impact parental conflict has on child well-being, and how mediation can help parents craft great parenting plans. We also reviewed the role mediation can play to help with a range of family conflicts outside the context of divorce.

I hope you enjoy listening to three of the segments I have linked below!

Segment 1: How to Divorce in Massachusetts

Segment 2: How to Divorce in Massachusetts

Segment 3: How to Divorce in Massachusetts

 

A big thank you to Allen for hosting me on the show. Attorney Margulis is a respected Estate, Tax, Real Estate and Business Planning. Allen considers himself a tax-centric lawyer. He provides his clients with a complete and comprehensive strategic plan aimed at achieving their goals and objectives. He dedicates himself to providing all of his clients with superior service. Allen has 26 years experience in tax and accounting and 16 years in law. To contact Attorney Margulis click here.

For a free mediation consultation with mediator Ben Stich click here.

Pile of cartoonish question marks

The Assumption Trap | Lessons from Family Mediation Services

I often find inspiration for posts from my family mediation services. But the reality is that communication lessons are present everyday if we pay attention.

A friend of mine was venting to me recently about his mother-in-law.

He is a videographer.

Exceptionally talented, award-winning, and creative.

He has made a great career creating marketing materials for well-recognized businesses, producing large corporate training programs and webinars, and teaching video production at the college level.

His mother-in-law recently worked on a personal project developing a retrospective video for her husband in honor of their 50th wedding anniversary.

She sought video clips and photos from all her friends and family, vowing secrecy along the way.

Her previous experience editing was limited to using the red-eye feature on her phone camera. In other words, she was a video production rookie trying to create a high-quality production.

Where Our Thoughts Interfere…

My friend was insulted she had not sought his support.

As he talked about this some of his internal dialogue became clear:

After all these years she still doesn’t trust me…

What do I need to do to be respected by her…

How dare she talk about how hard it is in front of me — what gall…

I asked if he offered to help. He felt strongly that he should not impose. If she truly wanted his help she’d ask.

I am very close with his mother-in-law. Shortly after this conversation I happened to be with her and asked if her son-in-law had helped with the video.

She was insulted he had not offered to assist.

As she talked about this some of her internal dialogue became clear:

He is so self-centered…

I can’t believe he can’t take five minute to help after all we’ve done to welcome him in to this family…

And he knows I’m struggling — he really must not like me…

He was surprised she hadn’t asked for his help.

She would love his help but didn’t want to put him in an uncomfortable position.

Two sides to the same coin.

Lessons Learned from Family Mediation Services

They both made quick assumptions based on interpretations of the other’s actions.

Interpretations that assume the worst. Assumptions that fueled with time develop resentment, anger and hurt.

Unfortunately, I see this dynamic play out in my family mediation services work regularly. Both parties making wild assumptions and applying negative meaning, often unfairly, without first checking their assumptions.

Had she originally approached him and said something like, “I know you’re really busy. I don’t want to add more work to your plate. Can you give me any advice on who I can reach out to help me with my project?”

He would have then helped, or given her a good resource. And perhaps he didn’t want to help — but at least this would then be based on information, not guess-work.

Likewise, had he originally approached her and said something like “I don’t want to intrude but just so you know if I can help in any way just let me know.”

Then, she could have taken him up on her offer, or not — again, at least his conclusions would be based on information, not guess-work.

The narratives we have in our head are sometimes right on. And sometimes not!

While there are many strategies to avoid drawing assumptions, here are three:

  1. Ask clarifying questions before drawing conclusions
  2. Remember there are always two sides of the story, that have merit from each person’s world view perspective
  3. If necessary, get help from a third party to broker the communication

Avoid the assumption trap!

vector drawing of man and woman showing different modes of thinking

3 Divorce Mediation Tips: How to Deal with Family Problems

Echos of a divorce mediation:

She doesn’t get it!

He’s SO emotional.

All they’re going to do is talk about their FEELINGS.

She’s SO patronizing.

All he’s going to do is talk about what is LOGICAL.

Can you relate to arguing with someone whose brain operates in a fundamentally different way than yours?

Common Dynamics in Family and Divorce Mediation Sessions

In a recent co-parenting mediation I experienced this very dynamic.

She felt condescended.

Like she wasn’t being heard. Not taken seriously.

He felt overwhelmed.

Like he was being dragged in to her turmoil. Not dealing with the problems at hand.

During a conversation about visitation, she kept telling him how his refusal to answer calls was infuriating. She was sick of being ignored, and having her requests constantly denied.

He kept telling her how he couldn’t answer her calls because she would talk endlessly, and how listening to her was exhausting. He was sick of her nosy questions, and receiving calls from her multiple times a day.

To solve the problem they had been resorting to familiar tactics:

She made a greater effort to explain how she was feeling about the issue.

He made a greater effort to put up walls and deny her calls and requests.

How well do you think this worked for them?

That’s right…NOT AT ALL!

They were increasing the use of the very strategy that was causing problems for the other parent.

How I Used Divorce Mediation Strategies to Change the Dynamic

As you might guess, it made the situation a whole lot worse. To help, I did three things:

  1. Find a way to speak each other’s language:

I explained how their brains’ worked differently. She operated from a place of emotions and he from a place of logic. It was as if he was speaking French and she Spanish. In order to communicate effectively they needed to find a way to speak the same language. Appeal to someone who is emotional through emotions. Likewise, appeal to someone who is logical through logic! Worst case, use me as the translator.

  1. Accept who each of you are – it’s not going to change:

I explained that if they were still trying to change one another they were destined for failure. After all, if changing one another could work, they probably would not have divorced.

  1. Find ways to get what you both need and want:

I summarized what I was hearing, and asked: “She wants to be able to communicate with you and make decisions together, and he wants to make sure that he doesn’t have to justify himself, or get stuck in an endless circular conversation. Is it possible to meet both of your interests, and find ways to discuss visitation that leads to decisions and doesn’t require either of you to explain yourself?”

Sounds Good, But Did it Make a Difference?

By the end of the session, they agreed to a new plan.

He was skeptical that she would not question his reasons for things. She was skeptical that he would not say “yes” to her requests more often.

But they were both willing to try.

By using me to translate, accepting (rather than fighting) their personality differences, and trying to address their interests, they took the first steps at changing their long-standing narrative.

As I told them, “You are who you are — you can fight it, or work with it.”

Accept that fact, and you are already on a better path.

In what ways has it helped to “accept” the differences of someone else in your life? Please share!

Frustrated African American man apologizing to woman after quarrel

5 Steps to a Great Apology

Ever receive an apology that didn’t feel apologetic?

Left you feeling worse?

Angrier?

Infuriated?

In mediation — and in life — I see apologies of all shapes, sizes and colors.

Some feel authentic and cathartic.

Some feel compulsory and meaningless.

Some feel passive-aggressive and irritating.

And some downright hurtful.

“I’m sorry you feel that way”

I remember a parenting mediation. They found one another detestable. If not for their daughter they would be non-existent in each other’s lives, or enemies.

To their credit, they were using mediation to focus on co-parenting. They knew that fostering a positive relationship with each parent took precedence over their petty grievances.

At one point the father violated an agreement made during a previous session.

He listened, respectfully, as she angrily conveyed her disgust. When she was done he said,

I hear you. I’m sorry you feel that way.

You could hear a pin drop.

He felt he showed monumental restraint by listening without defending his actions, and apologizing.

She almost blew a gasket.

What happened?

How to make a bad apology

In this case, the father apologized for how she felt, not for what he did.

This felt dismissive to the mother.

He apologized without taking responsibility.

Which is really a non-apology apology!

If you have ever apologized in any of the following ways, it’s possible that you are an ineffective apologizer:

  • “I’m sorry but you also…” (click here to learn why the word “but” is so unhelpful)
    • “But” minimizes the apology
  • Apologizing when you don’t mean it
    • The other person will always know if it’s not genuine
  • “I didn’t mean to upset you…”
    • The impact of something can be hurtful even if the intention was not

Steps to an effective apology using family conflict management strategies

1. Determine if you regret what you did

Do not apologize to get something.

Do not apologize to get the person off your back.

Do not apologize because someone else wants you too.

Apologize because you are remorseful.

This is the only way your apology will feel authentic.

2. Start by expressing remorse using an “I” statement:

  • “I’m sorry that…”
  • “I apologize for…”

3. Take responsibility for what you did without justification or blame

  • “I’m sorry that I was late…”
  • “I apologize for losing my temper and yelling at you…”

4. Empathize with how your actions made the other person feel

  • “I’m sorry that I was late. I can see how that upset you and make it difficult for you to make plans…”
  • “I apologize for losing my temper and yelling at you. I imagine that made you angry — I would have been angry if you did that to me.”

5. Make amends to rectify the situation

  • “I’m sorry that I was late. I can see how that upset you and made it difficult for you to make plans. Next time I’ll leave fifteen minutes earlier, and call you the second there might even be a chance of me being late…”
  • “I apologize for losing my temper and yelling at you. I imagine that made you angry — I would have been angry if you did that to me. I’ll make sure I’m calm before talking about stuff like this with you next time…”

Back to my angry parents and the pin-drop silence…

I let the silence linger.

Then, I turned to the father and asked, “why do you think she is upset?”

It took a few moments and some deep breathes.

And then he explained, in his own words, how she viewed his actions and why it was distressing.

I turned next to the mother and asked, “do you feel he understands where you are coming from?” She grudgingly answered that he did.

I summarized the situation, and asked the husband how he wanted to address her concerns.

He looked at the mother and said, “I’m sorry I didn’t talk to you first about what bothered me. I understand how that broke our agreement. I won’t do it again. Next time if I have too I will call an emergency mediation session if I am that concerned with what our daughter tells me.”

And here’s the magical part.

She looked him in the eye and said, “thank you.”

The tension in the room immediately lifted.

Their body language relaxed.

There was an extended pause.

And they moved forward.

The power of an effective apology.

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Concept image of a lost and confused signpost against a blue cloudy sky.

Feeling Ignored? MA Child Support Mediation Shows Why You Get Bewildered When Solutions to Family Problems Are Ignored…And What To Do About It!

Ever offer a solution to a problem that you know will help the other person?

A brilliant, selfless, creative, and irrefutable solution?

Like this one I heard during a MA child support mediation:

“I really won’t care if you reduce the child support.”

How many parents paying child support would LOVE to be told that by their co-parent?

If you’re thinking all of them you would be thinking what I was thinking during a recent parenting mediation in Massachusetts.

The father was struggling financially. Well-educated and talented he had been down on his luck.

For a year.

He was used to making six figures and only brought in $35,000 this last year. He was re-directing all his income from his recent contracting gig to her and was leaving enough for himself only to pay bills and eat. He even turned off cable.

He was behind in child support payments by thousands of dollars.

And he was petrified the judge would lock him up the next time they were in court.

It was with this context the wife suggested what seemed like the perfect solution.

He should file for a reduction, she suggested. She cared less about the amount of support. She just wanted reliable support.

Mediating a Dream MA Child Support Proposal

He ignored the suggestion.

Then he gave a circular explanation for why lowering support would not help him if he came in to money in a few months (which was a possibility).

Of course it would help, explained his co-parent. Even if the amount was increased later he would still pay less in the interim.

Still, he danced around the issue.

I finally interjected and said, “you told us that you’re scared you might get arrested, that despite your best efforts you are having trouble finding a better job, and that you can’t pay your arrears. She is encouraging you to file for a reduction. Can you help us understand why you don’t seem interested in her proposal?”

He looked right at me as his eyes welled up.

“Ben, it keeps me up at night that I can’t pay my child support. That I can’t provide for my child. That I can’t contribute to his basic needs like clothing, food and activities. It kills me.”

“I’m not lowering my child support.”

You’re Not?

Proud. Dutiful. Responsible. These are the values driving his reaction.

Her suggestion made sense on the surface. But it missed the mark in one important way. It had absolutely nothing to do with what was important to him. It was a solution based exclusively on her desire for predictable payments.

Who would have guessed?

Ninety-nine out of a 100 times the parent would jump on the chance to lower payments. This was that 1 out of a 100.

Steps to Improve Family Problem Solving

It can be infuriating when your spouse, parent or child outright rejects what seems to you a logical and obvious solution to an important problem.

You try to convince the other why they should listen to you. They argue back.

And nothing gets worked out. Except that the conflict has gotten a whole lot worse.

If you find yourself offering a well-intended and logical suggestion that is rejected there are but a few possible explanations:

1. You didn’t explain it well (unlikely if you’ve already tried more than once)

2. Your spouse, child or parent is being stubborn and unreasonable (unlikely if the problem is also burdening them)

3. Drugs or alcohol are involved (hopefully not — but if so this is NOT the time to try having a rational conversation)

4. Something else is going on

When Something Else is Going On…

1. Take pause

2. Consider that there might be something else going on

3. Check in with the person by letting them know that you understand they don’t like your idea, and that you want to know what about it doesn’t work for them (without sarcasm)

4. If that doesn’t work, drop your suggestion. Wait for a later time when the tensions have lowered. And then go back to step #3 and try to figure out what else is going on.

Curious, Are You?

Curious how it ended with my MA child support mediation clients?

They decided to request a 30 day continuance to buy the father more time to figure out his finances (and avoid jail-time for the moment). He outlined how much she should expect to receive each week based on his current job. They decided to work on the parenting schedule so they could report progress to the court. And they scheduled another mediation session for a few weeks out to explore other alternatives.

A perfect solution? No.

A viable temporary solution? Yes.

Why? Because it was relevant to what was important to both of them.

These folks detest one another. If they can do it, so can you.

What is your experience when your solutions to problems get shot down? Other illustrations like this MA child support mediation? Comment below!

LINKEDIN USERS: LinkedIn does not have the capability for your comments on LinkedIn groups to appear on the original blog post. if you are commenting on a LinkedIn group would you mind copying the comment directly on to the blog so my other readers can benefit from your ideas and reactions? Thank you, thank you, thank you for commenting and reading my post inspired by a MA child support mediation!!

A close up shot of a happy jack-o-lantern sitting on a rail of a deck during the day

Parenting Tips for How to Help Your Kids Resolve Conflict

It’s Halloween time.

Two brothers are upset because one of the two pumpkins had to be thrown out. Brothers did what brothers do: argue. They both wanted the remaining pumpkin to be their pumpkin.

Their mother tried her best to encourage them to share, to reprimand them, and even threatened to take the pumpkin away from both of them.

No luck.

She was at her wits end. The kids arguing would not stop.

Parenting Tips and Tricks

Their father was brought up to speed later that day. Taking a different approach to his kids arguing, he waited for a calm moment to sit the boys down and asked them why the pumpkin was so important to each of them.

After some encouragement and assurance the older one explained that he wanted to carve the pumpkin by himself. He had spent time thinking about the carving and in preparation had even drawn it out on paper. It was going to be so cool!

The younger one, sniffling, explained that he wanted to bake the pumpkin seeds like his teacher told him about. They were going to be so good!

Their father listened intently.

And then he said:

“So, you want to carve the pumpkin. And you want the seeds so you can bake them. I wonder if there is a way for each of you to get what you want with the same pumpkin? What do you think?”

Later that night, the older son carved the pumpkin. As he gutted the pumpkin he carefully placed the seeds in to a bowl. His younger brother worked with his mother to clean, salt and bake them.

Parent as Mediator: Teaching Kids How to Resolve Conflict

In mediation, the pumpkin is an example of a position a client may bring in to the session. The carving and baking are the interests that the father helped his kids figure out. This father was a great mediator!

He asked some questions, listened, and helped the kids brainstorm solutions that met both of their needs. This is exactly what any effective mediator will do to help resolve family conflict.

Focusing on the pumpkin alone would never have resulted in a win-win solution.

In what ways do you focus too much on the “pumpkins” in your life?

Comment below to share your take-away from this story!

little girl throwing a tantrum in a grocery store

Family Communication, Parenting Help, and How to Stay Calm: Lessons Learned From a Sobbing Hysterical Tantrumming 6 Year Old

A “Hysterical” Miscommunication

A few weeks ago my son had an out of the ordinary temper tantrum – OK, he was flipping out — during a sleepover with his grandparents. They were calling me, I was calling them, and all the while he is yelling and crying in the background.

It was stressful all around and the uncomfortable feeling lingered for days.

A Few Days Later

I was in an important meeting. My father was taking my son out for dinner and this was the first time they were alone together since “the tantrum incident.” I learned that part of the problem had been related to a miscommunication. I explained to my kiddo what a miscommunication was and how to deal with it but I was not feeling optimistic.

OK, OK, I was sick to my stomach. Dreading getting “the phone call” with the chilling sound of six-year old shrieks in the background.

My phone was on the table to manage time and use an app related to the meeting. So, when it vibrated receiving a text I became distracted and noticed. A picture of my son eating a big cup of ice cream with gummy bears on it appeared (hey, one person’s idea of disgusting is another’s delight)! Cute. Good sign.

Fifteen minutes later it vibrates again and a picture from my brother appears of my niece. There’s a caption but since I’m in the meeting I don’t read it figuring I’d check it out after the meeting.

Five minutes later I receive a text from my father again with one word: “hysterical.”

Uh-Oh.

Cold sweats start coming over me.

I’m thinking “I can’t believe we’re going through this again and I don’t have the time or energy to deal with this. What’s his problem this time?”

I do what I can to remain focused in the meeting but was distracted by images in my head of my son kicking and screaming, beads of sweat appearing on my father’s upper lip, and the stressful conversations that are to come with my parents.

Finally, the meeting is over. I find a private space, take a few deep breaths, call my father, and ask how things are going.

His response: “Great!”

Great? GREAT? What in the world was he talking about?

The Ice Cream is Always Right

Well, as it turns out my father also received the text of my niece from my brother. It was a funny picture with an even funnier caption, and my father replied – to all – “hysterical.”

This comedy illustrates a dynamic that I see play out in mediation all the time, especially parent-teen mediation and divorce mediation: interpreting information out of context. I knew they were recently at an ice cream shop and my son looked as happy as could be.

Yet, I was so anxious about the possibility of my son acting out again that I automatically assumed that “hysterical” meant “my son is hysterical AGAIN!” An honest and reasonable misinterpretation of this situation but a potentially damaging one when it occurs in a tension filled relationship.

Apparently, having a difficult time dealing with miscommunication is not limited to six year old boys.

The Role of Context in Family Communication

I have found that the most successful mediations occur when clients are able to pause before reacting. When they take a few deep breaths before responding. When they clarify information to ensure that their assumptions are accurate. These steps are critical to avoiding miscommunication.

The narratives we have in our heads are just not always accurate.

Before getting hysterical make sure you have the facts and stay open to the possibility that there may be a different storyline than your interpretation.

Do you have any hysterical anecdotes that you’d like to share about miscommunication?

Please share your thoughts and comment below!