tunnel

tunnel

Monday, March 7, 2016

Keeping Yourself and others out of conflict corners.

Great article from Tammy Lenski

It’s tempting to feel triumphant when we successfully back our nemesis into a figurative corner. But it’s ill-advised triumph. Cornering triggers our evolutionary baggage, leads to outcomes unlikely to stand the test of time, and leaves all sorts of debris in the personal or working relationship. Here are ways to address and prevent cornering in your own and others’ conflicts.
“If you can,” said Kay, “try to get an office that has more than one door.”
It was the last day in my assistant dean job and I was meeting with my vice president, Kay, one last time to say good-bye. The next day, I’d be heading across town to take my new job as dean at another college.
I’d asked Kay what advice she had for me. She added the door comment almost as an afterthought. But it has resonated for years.
Initially, I understood Kay’s advice to mean I should have a literal second escape path. Not long before, we’d watched an unfortunate scene unfold at another university in town. When student protesters had taken over the new president’s outer offices, he had no other way to get out. Except the window. Photos of his derriere as he climbed down a ladder were the beginning of the end for his very brief presidency.
Over time, though, I began to understand Kay’s advice in less literal terms. As I did more and more conflict resolution work, I could see how important it was not to let people get backed into (or back themselves into) corners. Decisions made from conflict corners tend to have short shelf lives (click to tweet this).
As I mediated and noticed cornering, I’d hear Kay’s voice in my head: “More than one door.”
The baggage of evolution causes cornering to produce bad results. In evolutionary terms, backed into a cave or teetering on the edge of a cliff meant likely death. The closer we got, the harder we had to fight to survive or find an escape.
Millenia later, getting backed into a figurative corner during an argument doesn’t require such drastic reaction. But react we do when that evolutionary baggage kicks in, perhaps well below our consciousness. We resist, we defend, we outright fight.

“Convince me”

Just like Kay taught me all those years ago, I like to leave myself a figurative spare door or two. It keeps me from feeling cornered and it allows me to save face if I decide to change my tune later.
One way I do this is with the request, “Convince me.”
When I feel quite certain about something, I try to say, “Well, convince me I’m wrong about this.” Maybe they will. It has happened. With some frequency.
When they do, I am able to say, “You did a good job of convincing me.” They feel good about it and I feel less bad, in face-saving terms, than I otherwise might.
“Convince me” isn’t just a powerful tool we can use to get ourselves out of tight corners. We can use it to help our sparring partner stay out of the corner, too. It’s tempting to think of the corner as exactly the place we want them, but we’d be deluding ourselves.
I might say, “Will you allow me to try convincing you, even for just a few minutes?” I may not succeed, but I will have postponed the self-cornering and maybe they’ll hear something that opens up new doors neither of us noticed.

Cornering in mediation

When I’m mediating and notice someone who seems to be backing themselves into a corner, I like to take them aside privately and raise the challenges we face when we get ourselves stuck in a corner. I’ll say something like, “I don’t want to see you get stuck in a corner because corners are hard to get back out of later. What can I do to help that not happen for you?”
When I notice someone maneuvering someone else into a corner, I may take them aside privately to discuss the ways cornering is likely to make things worse. I tell them about evolutionary baggage. I talk about loss of face and the bad feelings it leaves. I tell them about short shelf lives.
I muse, “Instead of backing them into a corner, I wonder what could happen if you leave them an escape for now?”

Monday, February 1, 2016

Tips for successful mediation

Mediation, the ADR vehicle most commonly used in family law cases, frequently results in a final settlement – but often only after a marathon session dealing with the many important issues in the lives of family members.
There are ways to improve the process and results of family law mediation. The keys are open communication, adequate preparation, proper timing and mediator selection.
Open Communication – With the Opposing Party and With the Mediator. Pick up the telephone early in the case. The working relationship you develop by actually speaking with reasonable opposing counsel can save time and money. While it may seem that using email is more efficient, it often takes more time and creates additional conflict.
Once discovery is reasonably complete, and the parties have had sufficient time to begin addressing the emotional and financial upheaval of separation, you can develop creative potential solutions with your client. Exchanging mediation letters with legal issues defined and important documents attached far in advance of mediation can streamline the mediation process, and increase the likelihood of resolution on mediation day. Also, many mediators make a pre-mediation call, in which attorneys can provide information that is often helpful to the mediator in finessing trouble spots.
Preparation – Worth the Effort. An attorney who is well prepared for mediation has not wasted time – if the case doesn’t settle, it is well on the road for trial. If it settles, as most cases do, mediation will have saved time, money, and emotional stress for the parties.
Proper Timing and Mediator Selection. Family law cases have emotional timelines, distinct from other types of litigation. In many cases, it takes several months for one party to reach a stage of partial equilibrium. It is not helpful to attempt to settle family law cases before both parties have reached that comfort level. But when both sides are emotionally ready and have enough information regarding the facts and the law, mediation can allow them to avoid the financial and emotional costs of trial and move on with their lives.
When attorneys have worked together for several months, they can identify a mediator with the listening skills, depth of knowledge, temperament, and creativity to help the parties achieve resolution. By focusing on what is just and equitable for both parties, attorneys and the mediator can achieve a compromise solution that is acceptable, one that meets the needs and abilities of both parties.

Biography



Hon. Deborah Fleck (Ret.) is a neutral with JAMS based in Seattle. She served for more than 20 years on the King County Superior Court and handles a wide range of complex civil, estate/probate, family law and personal injury cases.

Thursday, January 14, 2016

Great Article on dealing with Real State in a Divorce

Divorces are rarely easy, and very few end with zero disputes over major assets. For most relationships, the biggest shared assets are related to real estate. Whether the marital home or investment property, those going through divorce often want to know, “what happens to real estate in a divorce?”

Date Property Purchased and Use During Marriage

The biggest part of the analysis for what happens to real estate after a divorce is when the property was purchased. If one of the parties purchased the property before the marriage, it might be considered a pre-marital asset that belongs exclusively to that spouse. However, if the property served as the home in which the couple lived while married, or as a source of marital income, the property may have converted to a marital asset subject to equitable distribution between both spouses.

In most states, it is possible to own property before a marriage and still retain exclusive ownership of that property. This is true even in the absence of an antenuptial (or “prenuptial”) agreement. The trick is that the property must remain exclusively a benefit of the owner spouse. If that spouse begins sharing the use and enjoyment of the property (or proceeds derived from the property, such as depositing them in a joint bank account), the solitary ownership interest may dissolve.

Property purchased after a marriage, or which is used for marital purposes (like serving as the house in which the couple lived) is generally an asset of both partners and the interest in the property must split in a fair manner (i.e., “equitably”) between the parties.

How to Deal With a House Without a Fight

If the two parties to a divorce are still civil and want a clean, quick, and simple break, selling a property is a great idea. The only issue will be how the proceeds are divided between the spouses and, unfortunately, this issue alone can become quite contentious. If the parties can agree beforehand, they may avoid considerable headaches when the property sells. Alternatively, having the attorneys negotiate or hiring a mediator may be other ways to determine an appropriate distribution of the cash from the sale. If all else fails, the judge presiding over the case will make a determination based on fact and law, but that removes the parties' ability to come to a better arrangement between themselves and could end up leaving both parties unhappy with the outcome.

A common philosophy in determining who should get how much out of a home or other property sale is to look at how much each spouse contributed to the property. For example, if one party contributed 60 percent of the cash at the time of purchase, and later paid 40 percent toward the payments on the loan, that would be their relative contribution to the property. That can lead to a quantifiable figure that may be compared to a similar number produced by the other spouse. When the parties figure out the relative percentage of the total value each contributed, they can divide the proceeds of the sale accordingly.

What Happens if Both Parties Want the House?

When former spouses want to keep a property, whether out of financial need or spite, things can get much more tricky. If the other party is willing to walk away from ownership, the one who stays can simply “buy out” the other's interest in the property. This also requires the departing spouse to be removed from any deeds, mortgages, or other rights or obligations on the property.

On the other hand, if both parties want to retain possession of the property, the matter must be decided by a judge. Often, the ownership will be granted to one party at the cost of certain other assets that party may have wished to retain. That way, neither party gets more out of the divorce than the other. However, this also means sacrificing other things which the spouse that keeps the property might have wished to retain. Thus, it is usually best, even under contentious circumstances, to attempt to resolve disputes over property ownership amicably rather than by going through court.

Monday, December 14, 2015


Divorce Mediation


Here is a great article by Lee Borden from Divorceinfo.com:
Divorce mediation still feels like a new idea in some parts of the country, but it’s increasingly well-known and widely accepted. Mediation means different things to different people. In the form I recommend, you and your spouse would sit down in the same room with each other and with a neutral mediator. With the mediator’s help, you would work through all the issues you need to resolve so the two of you can get through your divorce.
Although there certainly are several different styles of mediation, there are several things you can depend on no matter what style your mediator uses. Mediation is flexible and confidential. It gives you and your spouse a way to settle the conflict between you, which is natural and inevitable, in a way that helps you to work together as parents after your divorce.
The mediator remains neutral between the husband and the wife. That means the mediator can’t give advice to either party, and also can’t act as a lawyer for either party.
What the mediator can do, though, is to point out in open session to both spouses things that each of them should be aware of about what they’re trying to accomplish. That open and free exchange of information frees up both spouses to negotiate with each other in confidence. Because both spouses are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to both spouses.
You’re welcome to bring your lawyer to mediation if you want to, or you can use your lawyer as an advisor between sessions. Don’t let your lawyer make you feel that you must pay him or her to be with you during mediation. That’s strictly up to you.
Mediation is voluntary. It continues only for so long as all three of you – you, your spouse, and the mediator — want it to. Your mediator has to have a good reason to withdraw. You or your spouse can withdraw from mediation at any time, for a good reason, a bad reason, or no reason at all.
People often ask, “Does mediation really work?” In a word, yes. We know from years of research that when you compare couples who have mediated their divorce with couples who go through an adversarial divorce, mediating couples are more likely to be satisfied with the process and the results, likely to take less time and spend less money, and are less likely to go back to court later to fight about something.
The main advantage of mediation is that it keeps you and your spouse in control of your own divorce. That can make all the difference in your recovering from your divorce and moving on with your life. Mediation allows the two of you to get through your divorce with less conflict than you would experience in an adversarial divorce. Because mediation is all about working with shared knowledge, mediation also often allows you and your spouse to work together to lower your tax bill . . . and that can often translate to more money for you.

Monday, December 7, 2015

9 tips for surviving the Holidays.

There’s no time like the holidays for good cheer and jolly times with family. And the stress that leads to conflict. Since life is short and the holiday season comes around but once a year, here are a professional mediator’s tips for disarming holiday conflict so you can focus on the joy and fun instead.
Even the most loving family gatherings can get tense over the holidays. Here are 9 ways to save the day.

1. Don’t let yourself get hangry

Maybe you’re hosting and busy taking care of everyone else. Maybe in the whirlwind of holiday travel you don’t eat properly. Maybe you’re fasting in anticipation of the humungous meal ahead. All of these can inadvertently cause you to get hangry … hungry + angry. Your brain needs energy for good self-control and glucose is one important source of that energy. Read more about self-control and getting hangry.

2. Get enough rest

The late nights and early cooking mornings of holiday gatherings can mean disrupted sleep patterns. And mom was right: A good night’s sleep is important. Sleep gives you better self-management, crucial when things get testy around you. Didn’t get enough sleep and notice your a little short-tempered when Aunt Betsy’s Newfoundland knocks over your toddler for the second time? Even a nap can help. Read more about sleep, conflict, and self-control.

3. Go for a walk

There’s nothing like a walk to clear the mind. And, it turns out, to help you sort out a problem that’s cropped up. Walking increases oxygen intake, a bonus for clear headedness and stress management. And there’s a bonus if you go for a walk with the person who’s stressing you out: When you’re walking, you’re facing forward together, a potentially powerful, if subtle, alignment. Read more about walking and problem-solving.

4. Take a break

If you feel the frustration building, do everything you can to avoid venting. Contrary to popular myth, venting actually increases aggression. Instead, take a break, get away from the fray, and go sit quietly. Thirty minutes is ideal, but that’s not always possible in the midst of holiday gatherings. Grab what time you can; even a few minutes can help. Read more about calming yourself down.

5. Be a fly on the wall

If you find yourself hot under the collar and the roast turkey is preventing you from taking a long walk or even a break, all is not lost. Mentally visualize yourself up on the wall like a fly, watching everything unfold. You can even do this while basting. This kind of self-distancing gives you a more detached view and helps calm angry feelings, even in the heat of the moment. Learn more about self-distancing to control anger on the fly (hah!).

6. Know the difference between yelling at and yelling toward

When someone else loses their cool and unloads in your direction, it’s good to have this mediator’s trick in your back pocket. A raised voice is a sign that the other person is trying desperately to feel heard and the quickest way to help them isn’t to chastise them for bad behavior, but instead to simply say their point back to them. Read more about the difference between yelling at and yelling toward.

7. Listen more, talk less

You know that old saying, we have two ears and one mouth for a reason? Well, that reason is tension and conflict. It’s seductive to talk more, trying to persuade them to see it your way. Any mediator will tell you to do the opposite: Shut up and listen. Put down the turkey baster and listen. Turn off the football game (unless there’s a large crowd who will never speak to you again) and listen. Read about the right kind of listening during conflict.

8. Remember that conflict can be real but not true

If you’ve had a long history of conflict with your Uncle Al, that history is going to color your every interaction with him (and his with you). With chronic conflict, you’re probably letting your residual memory of past experiences trigger your reaction even when the present circumstances don’t necessarily warrant it. Was Uncle Al really just being manipulative a few minutes ago, or are your past conclusions about him coloring your interpretation? Odds are good it’s the latter, even when you don’t want to believe it. Ask yourself, would a person who loves Al and thinks he’s great see what I saw? Read more about when conflict is real but not true.

9. When all else fails, use rock, paper, scissors

Rock, paper, scissors is more than child’s play. When holiday stress and old tensions prompt trivial disagreements, get them over with so they don’t pollute the rest of your gathering. If a parking lot and a judge can use this game, so can you.

Thursday, June 11, 2015

Four tips for effective mediation.

If you want to know how to use the mediation process in the most effective way possible than these four tips by attorney Richard Shore are great starting points:


1. Let the other side pick the mediator.

Mediation should be speedy, economical, and conciliatory. But parties often kick things off with a mediator-selection process that is complex, expensive, time consuming, and adversarial. Avoid this opening skirmish by letting the other side pick the mediator. This engenders cooperation, generates good will, speeds up the process, holds down costs, and introduces you to new mediators you might actually like.Reserve your right to reject someone with an actual conflict, but don’t ding someone just because the other side believes the person is favorably disposed to them or their position. That can be an advantage. Such a mediator will have more credibility with your opponent than someone who is viewed as completely neutral or as tilting in your favor. And such a mediator, wanting to avoid any perception of bias, may bend over backward to be fair to your side.Remember that a mediator is not a decision maker and cannot force you to accept a settlement you do not like, so there is little risk to accepting a mediator proposed by the other side, and much to be gained.

2. Don’t argue about who is right.

Well, not as much as you—or your counsel—want to, anyway. The goal of mediation is not to win an argument; it is to achieve a favorable settlement. Some substantive exchange is appropriate and even useful, but scoring substantive points is at most a tactic. Don’t let it hijack the process.Usually by the time mediation occurs, the parties are quite familiar with the factual and legal issues and have had ample opportunity to assess the case. An excessive focus on vindicating arguments can harden positions, antagonize the other side, and divert attention from the goal of settlement. And it is expensive and time-consuming to boot. Get to a negotiation over dollars or the other key settlement terms as quickly as possible. There will be plenty of time to argue over substance later if the mediation fails.

3. Leave the litigators at home.

By default, litigators tend to handle both litigation and settlement responsibilities. Often it is more effective to create a separate settlement or mediation track led by a lawyer who is not the public face of the litigation.

4. Deal with hard issues last.

It always amazes me when a mediator says, “Let’s get all the issues out on the table right up front.” If your goal is to create as many impediments to settlement as possible, that is just the right approach. If your goal is to settle, you are generally far better off focusing on a key issue—usually money—first and leaving the other, sometimes harder issues for later. Once there is agreement on the key term, the parties will tend to feel that they have a deal and that the remaining terms will be worked out in due course.  This approach creates momentum rather than impediments.Indeed, it is often wise to leave key issues, or at least their final contours, to the drafting phase of a written agreement. Deals often fall apart over key substantive issues, but they generally don’t fall apart over drafting issues. So consider leaving hard issues until the end, and call them drafting issues. A rose by another name might actually have fewer thorns.

Monday, May 18, 2015

Christian Support For Divorce

Here is a great article I found:

Christian Support For Divorce

Finding Christian support for divorce within your church community can be challenging. After all, divorce makes people uncomfortable. It exposes the fact that any marriage is vulnerable and it shifts the dynamics of long-term friendships. The following article provides some pointers for people who want to support their Christian friends during their divorce, with insight from the other side.

10 Things I Wish Christians Knew About a Divorced Woman

1. It takes 2 people to make a marriage work. Just because I’m divorced doesn’t mean I didn’t do everything in my power to save my marriage.
2. My marriage was not doomed by some sort of fatal flaw in me, so please stop looking for one. Divorce is a heavy enough burden to bear without adding shame to the load.
3. I did not suddenly want to be with only single women all the time. I value men’s input, and need to witness healthy marriages to heal. My grief is compounded when I’m excluded from groups and friends simply because I’m divorced.
4. I define myself by more than my marital status. I’m also a mom, a reader, a choir member, writer, health-nut, home-owner, dog-lover, friend, and worshiper. Please don’t think you have nothing in common with me just because I’m divorced.
5. I do not need to hear another Bible verse. I need acceptance from people who will affirm my worth and give me a place to belong. Please allow me to be where I’m at even if it makes you uncomfortable.
6. There is no set time when I will be "over it". Healing needs to happen on many levels. I have to double back through my deepest wounds often to learn new responses. That doesn’t mean, however, that I’m not making progress.
7. Not everything about my ex-spouse is bad. Please don’t make a future positive relationship between him and my kids any harder for me by making derogatory remarks about him.
8. I need friends who will be sounding boards to help me think through decisions about my home, career and parenting. I do not need people to tell me what I “should” do or what they would do if they were in my shoes. That only undermines my already fragile self-confidence.
9. If you really want to help me, encourage my children to honor their mother. I take responsibility for being honor-worthy, but on Mother’s Day, my birthday and Christmas my kids could use an extra push in the right direction.
10. I have a lot to offer. The lessons I’ve learned through divorce would probably bless anyone who got to know me. Yes, I’ve been wounded and need the church, but I’ve also discovered that the church needs me just as much.

Divorce List, Copyright 2005, by Debbie Carsten of Divorce Help for Christian Women

The subject of divorce is a tough one for many Christians. In fact, many Christians have been told that divorce is a sin and they usually can’t remarry if they are divorced. But is this what the Bible really means? For an interesting discussion about this, check out In Defense of Divorce by Ennis B. Pepper. He will help you gain a new perspective on the subject of divorce from a Christian perspective.
On a different note, having your marriage collapse is rough, so it's important to find good Christian support for divorce when you're dealing with everything. One really good organization that provides such services is DivorceCare. They offer seminars and support groups, and you can look for a chapter in your area at their website.