By Attorney Harry Kaufman
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July 17, 2019
“You talk, I’ll listen.” Active listening (making eye contact, not interrupting, trying to validate the speaker) is the surest way to enhance communication. When your partner feels heard, even if you don’t agree with each other, you set the stage for a favorable negotiation. “Would it be OK with you if I make a suggestion?” Ask permission - you will usually get an affirmative response, but by asking permission, you have engaged your partner in the discussion. “Let’s start with the areas where we agree.” In Mediation and any fruitful dialogue, the key is to build on success. “I acknowledge this is difficult for both of us.” In Mediation, it’s essential to be aware and sensitive the pain of dissolving a partnership and know that sadness and anger are human and are a natural, predictable part of a divorce. “There are no wrong answers when we brainstorm solutions, only options that we may choose to pursue or choose to discard.” As you negotiate a settlement, learn not to fear adverse reactions, and learn to withhold criticism. Sometimes the least likely and most creative solution ends up being the plan both partners can agree to, and ultimately chosen. “We’ve given this marriage what we were capable of giving, so let’s find a peaceful way to settle things.” Commitment to respecting the process, trying to stay logical, containing criticism and trying to stay positive are respectful ways to acknowledge that you both have tried hard to make things work and are willing to move towards a reasonable settlement calmly. “I’d like to propose...” This is a much easier statement to hear than “I want” or “I need.” It assumes that there is a calm process of the proposal followed by a counter-proposal. “I’d like to try...” This phrase often starts a discussion of parenting issues/custody and visitation agreements. Always be aware that the best interests of the children are paramount legally and as parents. A fluid discussion and awareness that as children develop, the arrangement may need to change to benefit the children are essential here. “I believe we will find a solution.” Optimism and hope are the hallmarks of a successful negotiation. It may take a few sessions to get there- but remember Mediation is a process. Your belief in a positive outcome (a less expensive and yet durable divorce agreement) is the positive energy that will drive you towards that peaceful, comfortable outcome. “Thank you.” The most important piece! Gratitude! In every marriage, we begin with hope and love, and somewhere along the way, something went wrong. But treasure the positive memories. Recall the good times, as that fabric is part of your life also. Acknowledgment of your partner’s strengths and good intentions are central to a comfortable, peaceful mediated divorce. Next Article: Ten ways to treat yourself well when you are going through a divorce Click Here For More Information On Divorce Mediation