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High Conflict Divorce Mediation

Some couples consider divorce mediation but shy away because they cannot imagine sitting down with their partner and agreeing on anything. The argument goes something like this”we can’t even agree on what we disagree aboutif you think a mediator will be able to help figure out our finances and parenting plans you must be crazy!”

Well, then I must be crazy.

Don’t get me wrong. Divorce mediation can be challenging. There are times when mediations face seemingly unsolvable impasses. In fact, it is not uncommon during divorce mediation for one or both individuals to seriously consider “walking away” from the mediation.

I regularly find myself in awe of the mediation process because despite these despairing moments, couples almost always overcome the impasse and move forward. Using one case example, I will describe some of the more common ways mediation helps couples “stay at the table” and develop a plan – collaboratively – that works for both of them and their children.

Setting the Scene: "John" and "Sue" spend three mediation sessions debating and rehashing the same child support ideas. The discussion has been circular and tempers have flared. Both John and Sue have contemplated leaving the mediation and taking their chances with attorneys and court. Yet, weeks later they are able to leave their mediation for a final time with a mutually developed separation agreement. What happened?

  • We (the mediators) were patient. John and Sue never felt pressured to generate a solution prematurely. We sat in silence at times. We listened. We allowed the process to play out.
  • We were hopeful. John and Sue felt that they had made little to no progress because they were so caught up in the emotions of their conflict. We were able to help them recognize the many ways they shared common ground. We encouraged them to stick with it. We helped them realize that what they were experiencing was normal.
  • We provided a lot of reality testing. When John or Sue wanted to leave the mediation, we helped them consider the realistic outcome of doing so. We encouraged them to discuss the impact of their decision on their stated goals. They considered the implications for their children.
  • We continually reminded them of their underlying interests. When they got caught up in their emotional reactions, we helped them assess if their decision-making was based on their momentary feelings versus what was truly most important to them.
  • We stayed future-focused. Sue had a tendency to bring up arguments from years and years ago. We listened. And then we asked questions that helped her move out of the past and into the present and future. She began to feel more in control of her future and to solve issues constructively.
  • We provided private sessions when John and Sue were caught in a fruitless circular discussion. They were able to think out loud about their feelings and options without worrying about the other’s reaction. This helped them see the problem more rationally and consider different ways of solving it. On one particular issue, a private session with John led to a world of new potential solutions that proved incredibly helpful for both of them.
  • We gave homework. We would ask Sue and John to consider certain questions in between sessions and come back prepared to discuss them. The time and distance often helped them come to different conclusions than they would in the heat of the moment while in session.

This is just a sampling of common techniques mediators use to help couples overcome impasse. John and Sue talked about “walking away” several times but in the end the mediation process allowed them to figure out their financial division and parenting plans. If asked if they believe mediation can be helpful to others I would imagine they would answer, “We were pleasantly surprised that we could work things out in mediationif you don’t think it can help you too then you must be crazy!”


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