Showing posts with label mediation. Show all posts
Showing posts with label mediation. Show all posts

Friday, August 31, 2018

Divorce Coaching And How It Can Help You. By Michael V. Fancher

Find Direction With Divorce Coaching 

Most people have heard of divorce lawyers and litigation, but not everyone is familiar with divorce coaches. If you’re in the process of navigating a divorce, a divorce coach can be a critical player in the process. These types of coaches are individuals who can help you navigate various aspects of your divorce, especially for those who are going through an amicable separation but could use some guidance from a professional. If you need some direction in your divorce, here’s why this type of coach might be the solution for you.

What Is Divorce Coaching?

A divorce coach is a third party who assists at various points during a divorce. These coaches typically have backgrounds in family or marriage therapy. This person is a great asset for couples who want to ultimately reach an amicable solution but have a hard time having a peaceful and productive discussion without an intermediary. Divorce coaches often enable two parties to talk through difficult discussion points without the conversation taking a negative turn to get to an ultimately better outcome for both parties.  

Who Needs a Divorce Coach?

Divorce coaching is a huge asset for some couples, but it’s not a one size fits all solution. Parties who often benefit from a divorce coach include but are not limited to:
  • Couples going through a “Kitchen Table” divorce, or those who can sit down and talk out the divorce without an attorney
  • Couples who have an overall amicable divorce process but need assistance discussing certain pain points
  • Couples who are undertaking a collaborative divorce.
  • Couples who are using a mediator for their divorce process

What Roles Can a Divorce Coach Fulfill?

Divorce coaching can happen in a number of different ways. These types of coaches can be involved in the early stages of divorce to help a couple figure out what method of divorce is right for them or if they can resolve their marital challenges and stay together in the long run.
Divorce coaches can also have a large role in the actual divorce process. Their main objective is to help both parties successfully communicate so as to reach a mutually beneficial agreement in the long run.
Finally, divorce coaches can play a role in navigating the post divorce parenting process in some cases. This is a specialized form of divorce coaching called a “Co-Parenting Coach.” This person can help parents navigate the parenting process post-divorce and find the best solution for the family moving forward. Because disputes don’t necessarily end when the divorce is complete, this person can continue to be involved even after the divorce is final. They can help with a myriad of issues including conflict resolution and creating a parenting plan that is best for the children’s well being.

Why Choose a Divorce Coach in Addition to Other Forms of Representation?

Divorce coaches offer many benefits for those who need some guidance during their divorce. A few benefits they may offer you include:
  • Helping with communication issues that get in the way of healthy discussion.
  • Discovering hidden emotional baggage that needs to be unpacked and dealt with.
  • Tailoring solutions to your needs, including ongoing personalized support and a helping hand to find your best solution.
  • Reducing the cost of your divorce in the long run by helping to reduce conflict.
Divorce is a challenging time for all parties involved. From emotions running high, to difficult conversations with children, to piles of paperwork, divorce is a trying process. Having a supportive divorce coach on your side may just be the solution you need to move forward and start the next chapter of your life.

Sunday, August 19, 2018

Mediation Information and Assessment Meetings (MIAMs)

Attending a Mediation Information and Assessment Meeting (MIAM) is now a requirement for most people wishing to take divorce proceedings to court.

Before you can start court proceedings over money, property, possessions or arrangements for children, you must usually have attended a MIAM. These meetings are designed to offer help and useful advice.
How MIAMs work
At the meeting, a mediator will try to work out if mediation can help both parties reach an agreement. Depending on your preference, you can attend the meeting alone or with your husband, wife or civil partner. During the meeting, you’ll be able to find out more about mediation and ask questions about the process. They can also give you advice on other services that may be able to help you.
After the MIAM
After the meeting, if you and the mediator feel that mediation can help you reach an agreement, you can start mediation sessions. If you are not going to start mediation sessions and you decide to apply to court instead, the mediator will need to sign the court form.
When you won't be expected to have a MIAM
The court won’t expect you to have attended a mediation meeting if:
  • A mediator doesn’t think the case is suitable for mediation and has said so within the past four months.
  • Either of you has made an allegation of domestic violence against the other within the past 12 months and police investigations or civil proceedings were started.
  • Your dispute is about money and either of you is bankrupt.
  • You don’t know where your husband, wife or civil partner is.
  • You want to apply for a court order but for specific reasons don’t intend to give your husband, wife or civil partner any notice.
  • The court application is urgent because someone’s life or physical safety is at risk or a child is at risk of significant harm.
  • The order is about a child who is already involved with social services because of concerns over their protection.
  • You’ve contacted three mediators within 15 miles of your home and are unable to get an appointment with any of them within 15 working days.
Source: www.gov.uk

Wednesday, August 15, 2018

4 Ways To Deal With Divorce When You Still Love Him. BY JOHN BUTLER

In my divorce mediation practice, I often work with couples where one party is still, deeply in love with the spouse who wants a divorce. In this article, we’ll focus on advice for wives who find themselves in this painful situation. To be honest, I’ve found it’s just as often true that it’s the wife who wants to end the marriage and the husband who is still in love. In any event, these are heart-wrenching divorce cases and over the years I have given this topic a lot of thought. Here are four tips:

Here are four tips for dealing with divorce when you still love him.

1. Do not retaliate or act out
The momentary urge to “get even” or act on hurt feelings can be difficult to resist. Taking action in the midst of hurt or anger may be satisfying and feel good in the moment, but be aware that acting on this urge will have consequences.  In one of my early cases, I observed the consequences of a young wife and mother who acted on those feelings when she was angry at her husband whom she deeply loved. During a marital argument, he moved out and demanded a divorce.  In the midst of their argument, he had made a caustic comment about her haggard appearance and post-pregnancy weight retention. The comment was understandably deeply hurtful to her. Reacting to the pain of his callous remark and his decision to move out, she retaliated. She had a short fling with one of her husband’s close friends.  A few weeks later the couple patched things up and he moved back home with his wife and their two young children.  A few weeks later she discovered that she was pregnant (…the pregnancy was not the result of make-up sex with her husband).
They stayed together for a few more years rationalizing that since he was the one who had left, he really shouldn’t complain about her behavior during the breakup.  Meanwhile, the husband’s former good friend was paying child support every month and had visitation with the baby. As you can guess, this arrangement just kept reminding the husband of his wife’s retaliation; eventually, the marriage failed.
So my best advice is to avoid taking any action which will harm the man you love or the marriage you say you want. Examples of what NOT to do may seem to fit a stereotype. Even so, I’ve found them to be very common in cases where the husband seeks divorce and the wife is still in love, but hurt and angry. (Could this same advice be given to husbands who still love their wife who’s asking for a divorce? You bet.)
 Here is a partial list:
  • Don’t bad-mouth him to your girlfriends or your parents. If you need to process your feelings, find a therapist or support group.
  • Don’t buy things for yourself which you have wanted but cannot readily afford. Divorce often centers on money issues. Racking up credit card debt or draining a bank account on an impulse purchase usually brings more grief than joy in the long run.
  • Don’t act out by damaging his car, destroying his tools or lashing out in any way. If you want to physically express your anger, take a brisk walk or enroll in a martial arts class. (Don’t even think about anything which would end up as a YouTube video!).
I do not mean to promise that he will come back to you, but I can attest that you make it a lot harder if you retaliate or act out when he delivers the news that he wants to leave.
2. Try not to escalate
If while still married you and your husband are fighting and he threatens divorce it is imperative that you remain as calm as you can. Yes, he may truly want a divorce and be committed to that path. However, it’s also possible that while he may have said that what he wants is a divorce, what he may truly want is to stop fighting with you. Divorce may seem like the way to get the fighting to stop. He may also be yearning for the dynamic that existed in the early years of your relationship but not know how to reclaim it. When arguments escalate it’s common for one or both parties to say things in anger they later regret.
Of course, when the prospect of an unwanted divorce raises its head, it is wise to protect yourself and look out for your own interests, even if you still love him and would prefer to stay married. Depending on the circumstances, hiring an attorney at this stage may seem to be the best course of action. Just keep in mind that hiring an overly aggressive lawyer may preclude a smaller step like one-on-one mediation. Being a divorce mediator, I may be biased, but I’ve seen mediation work wonders in these situations.
Remember that divorce attorneys make their money by litigating divorces. Mediators thrive by creating harmony through mutual effort to resolve conflict. Many men have told me they find divorce mediation far more satisfying than marriage counseling because it is focused on problem-solving, (often their strong suit) rather than therapy which is focused on exploring feelings (often their weak suit).
If you need legal perspective, talk with a mediator with legal experience or call a lawyer from a town far away just to get some general advice. If you still love your husband and the marriage still has a chance of survival, jumping into litigation is highly unlikely to yield the results you seek.
3. Consider whether addiction is a factor and if so, get help.
One of the frequent coping mechanisms of couples going through the hard times prior to a divorce is to escape the pain of their lost romantic feelings using addictive behaviors. If your husband has shown any signs of addiction, then it is likely that you have reacted with your own counter measures. Sometimes they are co-dependent behaviors like nagging, trying to shame him into good behavior, lying to cover up problems and so forth.
Whatever the details, when a couple is in this addictive cycle the marriage has almost no chance to thrive unless the addictions are addressed. If you have addiction anywhere in your marriage, then start with an honest assessment of your own reactions. If he has a problem behavior, and you still love him, there are proven ways to maintain your dignity and sanity in the relationship. Try Alanon or another 12–step program geared to support the friends and family of someone with an addiction problem.
4. Explore Your Deepest Truth
The hard truth is that I have seen cases where there are wives who love their husbands and there are other cases where the wives are attached to being married but seem to be indifferent toward their husband as a person. These might seem the same, but there is a world of difference.
Explore your deepest motivations about your relationship and your marriage because at some level your husband can probably tell how you really feel about him. If you are clinging to the idea that you love him but actually, deep down, you are insecure about not being married, that will tend to energetically push him away. On the other hand, if you truly love him and that is the priority in your heart and soul, then living in accord with those emotions may have the effect of drawing him toward you.
What might this look like? Every relationship has its own qualities and dynamics; there are as many ways to put this advice into motion as there are couples. It takes some self-examination and wisdom to know what is a kindness you can genuinely offer without feeling like you are being taken advantage of or becoming a doormat. Healthy boundaries vary from individual to individual and relationship to relationship. This is definitely not a case of one-size-fits-all.
Here are a few approaches I’ve seen succeed in drawing a couple back toward each other rather than driving them further apart:
  • If you have children, and abuse is not a concern, consider allowing as much access as possible during the first phase of your separation. Show him that you value his role in their lives as a father even if he wasn’t the greatest dad before the divorce started. Invite him to visit with the kids in the home and be gracious when he shows up. Preparing extra food for dinner so he can eat with the kids is an act of kindness which he will notice and may appreciate. If the children are engaged in after-school sports, be sure to give him notice of all the games and ask him to sit next to you when he attends. Make an extra effort to include him in family gatherings and celebrations.
  • If he has moved out, you might provide him with a generous share of the linens and silverware, maybe even spare furniture so that he does not need to go buy replacements. Consider letting him store his big-ticket items in the garage rather than force him to move them to a storage locker.
It may be counter-intuitive but sometimes making it easy for him to leave, makes it easier for him to come back.  At the same time, only you can determine what crosses the line into unhealthy co-dependence and being overly generous for the situation.
Conclusion
Every case is different because every couple is different. If you still love your husband and he says he wants a divorce, you will have many opportunities to choose how you show up when whatever happens next unfolds. Over the course of my mediation practice, I’ve witnessed couples move toward reconciliation after one or the other, or both, initially thought divorce was inevitable. Of course, many couples do complete the divorce process, even when one of them really wants to stay married.
Either way, these four principles help provide the best chance of moving forward with a positive outcome. 1) Don’t retaliate, 2) try not to escalate, 3) if addiction is a factor, get help and 4) explore your deepest truth.