Let’s Talk about Mediation!

Let’s Talk about Mediation!

divorce mediation

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Divorce mediation is a true first love of mine, and that love informs all the other approaches to family law.

I have always loved mediating cases, even as I continued to practice in other ways. Litigation. Collaborative Divorce.

Mediation is different from the act of practicing law in that the Mediator is a neutral third party, whose role is to help divorcing couples discuss and resolve their disputes. This happens outside of court.

One method I use for Divorce Mediation is the Insight Approach. It comes pretty naturally to me because I’ve always been more curious when asking questions.

The idea of insight is to not have judgment, to ask questions to get at what really matters to the clients. To help them make decisions and get to a resolution that they’re both happy with.

Let’s say a mother and father are at an impasse, and very angry at each other. I can take them into separate rooms and ask a simple question such as, what do you hope will be different if you are able to engage in an active conversation with the other person. Just asking the question gives them pause to reflect.

Many mediators just want to get the job done. This is true in any profession! But such an approach is at odds with the very nature of mediation.

You can succeed in mediation by telling people what they must do. But you haven’t really mediated their case. You’ve just finished it for them.

What about when you can’t get people to find a way to work things out, and you all agree going to trial is not a good idea?

divorce mediationThat’s why I look at Divorce Mediation as a process that needs to involve the engagement of both parties.

I ask four questions from the Insight Approach, which I keep on my desktop at all times. They are a really good way to start a conversation with clients to get them thinking about what’s important to them.

I’ve used the Insight method during a Collaborative Divorce meeting, too, by asking a question instead of making an assumption.

It’s imperative to not make assumptions. We often ask questions with assumption as part of the question. A lot of us are problem-solvers, especially attorneys, and we come with good intentions. But if we don’t provide all the ideas or feel like it’s our responsibility to solve all the problems, it opens us up to creative solutions that fit that particular situation.

Because I love Mediation so much, the mission and vision of my law firm guide us to provide a different approach when we must litigate. Someone who is not litigious can end up in court, and they need someone who shares their values and understands why we’re doing what we’re doing and can handle it with compassion. A lot of litigation attorneys are missing compassion.

But at Transitions Legal, we are dedicated to bringing compassion, insight, and listening to every case. And that comes from my expertise in Mediation.

Navigating Back-to-School When You’re Divorced

Navigating Back-to-School When You’re Divorced

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There are events in a child’s life that are important, and it doesn’t matter whose day it is. Like the first day of school.

So long as there isn’t a court order prohibiting it, both parents can and should be there to support their child, regardless of Parenting Time designations.

A Parenting Time schedule doesn’t exclude either parent from their child’s special events. It could be a soccer match, a choir concert, a dance recital, or the first day of school. If they want to be there, they can and should.

(The only exception to this would be in the event of a Personal Protection Order (PPO), or “no contact order,” that orders a parent to not be in the presence of the other parent or the child.)

But different parents have different perspectives.

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When it comes to back-to-school, it’s important that divorced parents be on the same page to best support their children. Even if one parent holds the bulk of planning!

What a lot of parents don’t think about is the costs involved in going back to school. New clothing, books, notebooks. School supplies can be quite expensive. Even in less privileged areas, there are resources parents need to be aware of to acquire the items their children need for school.

Children also need guidance to transition from the freedom of summer, often with later bedtimes and different daily schedules, back to the routine of the academic year. It’s important for parents to be on the same page to make all the back-to-school preparations go smoothly.

Who will acquire the school supplies?

Will you share costs?

Will you both honor a transitional model to ease bedtime earlier?

For school supplies, it varies as to how things get done – some parents go together, some alternate years of responsibility, and in other families, one parent acquires everything, and the other parent reimburses for half the expenses.

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The focus should always be on what do the kids need? And, not just materially but emotionally from their parents as well.

We can’t stress enough looking at your children’s needs and how you can make back-to-school smooth and easy for them.

Maybe you step back from something because it’s not worth the fight. If the child has anxiety about returning to school, make sure the other parent knows about it, so you can both support the child. Communicate that information. And if you are the parent receiving that information, respond to your co-parent. Show appreciation and share ideas for how to help them.

When you’re communicating with your co-parent, you know how they respond to you, so watch your wording so what you have to share really gets through for the benefit of the children.

Use questions instead of directives. You’ll get further for the benefit of your child.

It’s the hardest thing to sometimes step back and put your desires and feelings aside to benefit your child or meet your child’s needs.

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We always say, “I would do anything for my kids.” But would you? Do you?

When it comes to back-to-school, it’s easy to feel overwhelmed because there is so much to get done; it’s easy to feel angry or resentful because of your co-parent’s lack of involvement or assistance. It’s also easy to feel competitive with your co-parent, to want to edge them out and be the only one accompanying your son or daughter to school. You might feel you’re losing out if you’re not involved with something.

But all of these emotions are about you, not at all about your child.

“The best interests of my child” is not always where a parent’s heart leads. We are all human, and it’s natural to feel an array of emotions at the beginning of a new school year.

But be the mature one. Recognize your emotions, where you feel it in your body, and sit with it. Try to put it in a box, and make your child your priority. Deal with your feelings on an adult level in an adult way. It’s hard, but this is the proof of good parenting.

Divorce Strategies

Divorce Strategies

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Divorce strategies, or how we approach divorce, develop from listening to the client, understanding their needs and desires, and looking at the law. Once we know the needs of the family, we can decide in which direction to move.

When it comes to divorce strategy, at Transitions Legal, we consider whether Mediation, Litigation or Collaborative Divorce will best serve the client. I prefer to leave Litigation for last, as it offers the least control to the attorneys and the clients.

Sometimes the strategy depends on factors outside my control, like which attorney my client’s spouse chooses. If it’s a difficult, litigious lawyer, then we are likely to land in court before a judge and have a pretty acrimonious and costly path.

That affects my strategies in terms of cooperation and communication. I might be more guarded if I know the other attorney makes everything difficult or won’t easily share information. That’s a strategic decision.

Nonetheless, I prefer to have control over how we will go forward. I like to have choices to present to my clients, let them decide which way best serves their needs and goals.

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I love when the other attorney is cooperative, and we know and trust each other. Then, we’re going to be more open and collegial, not question every move and tactic.

If having the kids more time is important to a client, then I think strategically about how to frame everything in terms of Parenting Time and Custody so that it serves the children through this transition.

Even in the Collaborative context, a process strategy might be, ok well I think I’m going to guide you more to talk with the divorce coach about your needs and desires.

Strategy depends on a lot of factors – the client’s needs and values, the opposing counsel, the type of case, the law, and more.

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Even background, details-while-married, factor into the divorce strategies. For instance, if you suspect your spouse is having an affair, that will likely drive the case. Once I have a full picture, I can recommend the strategy that will best serve a client. Then, we have options.

We can strategize where to put a client’s money – investigator or therapy? For instance, if your spouse spent a lot of time away from the family, leaving you alone to manage your children and the household – were they having an affair?

Investigating an affair is usually only important if the spouse spent time away from family, lying, when they were needed to help with the children, or were with the other person while also being with their children or they spent marital funds on this other person.

Divorce strategies weigh and measure what to spend our time, and resources, on. So perhaps my client is better off spending money on individual therapy rather than a PI so they can get stronger and healthier by dealing with their own emotions as they transition to their new phase of life. All of these details inform how we will move forward. And this is just one example of many!

And it really does differ from client to client. At Transitions Legal, we focus on serving our clients’ needs toward their best outcome. We do not believe in a one-size-fits-all approach to practicing family law. We innovate based on listening to our clients, understanding their values, and applying information to inform our divorce strategy.

Do You Know the Transitions Legal Tagline?

Do You Know the Transitions Legal Tagline?

When I started Transitions Legal in 2013, I created a tagline that has served us well: dignified divorce driven by compassionate expertise.

Those were the words and concepts I felt were important to convey about my approach to family law. In fact, I named my firm Transitions Legal because I wanted to emphasize that I see divorce as a transition from one stage of life to another – neither good nor bad.

Over the years, I’ve built a name for this firm, and for my approach to family law. After nearly 10 years in business, I felt it was time to change our tagline to represent how we’ve evolved and changed, to embrace insight and innovation in our approach to conflict resolution.

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So my marketing guru, Lynne Golodner, and I embarked on a quest to fashion a new tagline, that better represents where we are today.

I was surprised to realize that I could not come up with anything better than what we already have!! A tagline is supposed to serve as a quippy, memorable phrase that explains what we do and how we do it. What matters to us. What values this firm is built on.

Dignified divorce driven by compassionate expertise really says it all. The one thing I could change would be the word divorce – though I won’t, because I like the alliteration – only because we do so much more than divorce. Family Law is a far-reaching category of law that addresses any legal quandary or need in a family situation.

So why did I seek this change, then?

Because I wanted to make sure that key concepts were in our marketing messaging. Ideas like curiosity, innovation and insight.

But when I looked at my Guiding Principles, I saw that these concepts were already embedded in Transitions Legal language. My Guiding Principles emphasize how I talk to every client, ask questions and use insight to guide how we approach client cases.

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I reviewed my Mission Statement, too, and was thrilled to see that these ideas were already there, too!

I consistently operate with insight to learn my clients’ needs and guide them based on what they want to achieve. One key question on my intake form is, what are your goals.

The Our Family in Two Homes workbook, a resource which I encourage all my clients to use, helps people more clearly define their goals. It’s easy to say my goal is to make sure my kids are taken care of. Or make sure I have financial security. But what does that mean?

What does it look like for your kids to be feeling safe and secure? What does it look like to have financial security?

Such questions are not as easy to answer once you start digging into specifics. I’ve asked those questions, and the resources I’m using now are consistent with what I’ve always been doing.

So we are keeping our tagline! With almost 10 years in business, I am encouraged that the marketing messaging I initially created serves us still as we’ve grown and expanded. We are steeped in our values and approach. We are consistent. We know who we are.

What I do is different from other attorneys. I am really good at Mediation, and I’ve been studying the Insight Approach to Conflict Resolution in a year-long course, called “The Curious Mediator,” with educator, Jacinta Gallant.

This has made me sensitive to curiosity and the importance of asking questions, followed by focused listening. Many family law attorneys and mediators take a directive approach, working through the case to get it done.

But that’s not how we operate at Transitions Legal.

I embraced Collaborative Divorce long before it was a common approach in Family Law circles in Michigan. Even Collaborative Practice has changed!

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Since the Collaborative Movement started in 1990, and has been in Michigan approximately 18 years, we’ve learned that we can expand and evolve the model to better support our clients. Which should be our focus in the practice of law no matter what.

My marketing coach, Lynne Golodner, has always taught me that a tagline should be a pithy statement that is memorable, so that when a potential client learns of our firm, they know immediately what we are about.

We are about gaining insight so that we can innovate in the way we approach family law. Insight is a step deeper than knowledge. I help clients know themselves, their values, their intentions, based on a variety of factors – lifestyle, social affiliations, culture and background and more. From there, they can move forward with clarity.

When you’re thinking “should I get divorced,” you’re sitting in an uncomfortable place. Choosing a firm that will allow you to be dignified, where you will be led with compassion by experts in the field of family law, should be a comfort.

Dignified Divorce Driven by Compassionate Expertise. That’s what Transitions Legal stands for. That’s what we do.

Focusing on Dads in Divorce Court

Focusing on Dads in Divorce Court

dads and divorce

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By Alisa Peskin-Shepherd

For the longest time, mothers got custody automatically. But now, in an effort to correct a perceived injustice against men, courts and law firms alike are focusing on dads, circulating legislation to establish mandatory equal parenting time motivated by dads groups.

It’s like a pendulum swinging from one extreme to the other, and I hope to eventually see it settle in some middle ground with the focus solely on what is best for the children.

This change began when I started my career in family law in the early 1990s. I cannot remember a case where it was an automatic win for the mom. Yes, moms were still favored, but it wasn’t automatic.

Over the last 20 years, it’s really intensified, as newly-elected judges brought their perspectives on the idea of parenting time to the bench. Sometimes it feels like it doesn’t matter what the law says.

You can walk into one judge’s courtroom and know that they are a “50/50 judge,” which means they start from an assumption of equal parenting time and if you want it to be something different, you better show a good reason why. It is really difficult to get them to move.

Litigation in such a courtroom is quite challenging when you know there is a good reason to skew the amount of time children spend with one parent or another, or even just where they will lay their heads at night. Sometimes it’s as simple as the roles parents played while they were married. You can’t draw a sharp line in the sand when you split, making everything change immediately.

some dads become better parents after divorce

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When one parent has been the primary caregiver, it’s uncomfortable not only for the parent but for the children, to suddenly be ousted from their job or role and the whole family thrown into a very different routine.

It’s challenging, too, for the non-primary caregiver, who may have no idea about a lot of what goes into taking care of a toddler or school schedules or carpooling and they’re forced to step into a very different role without guidance or transition. They may be too proud to ask for help.

A divorce is often not the most collegial of processes, which means parents on both sides may feel uncomfortable asking the other for guidance in their new role. Which is exactly what they need.

When you get into court, you’re positioned against each other so instead of recognizing these natural human elements, it becomes a fight, where they won’t talk about or look at options.

If we want to move towards promoting more equal parenting time, then depending on the real life situation, it may be best to move toward that point  in stages.

That way, it’s less disruptive for the children, while giving time for both parents to transition into new roles.

Dads can learn how to be better as solo parents after divorce

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Depending on the ages of the kids, I recommend giving six months or a year to make a change, giving both parents space to learn about their new role. The kids also can gradually transition into the changes.

In the divorce world, most attorneys fail to and some even refuse to talk about the impact of all of this. The focus is instead on  the outcome . I wish we recognized how kids bear the brunt of adult decisions. For instance, they’re the ones shuffling back and forth between two homes – not the adults who initiated the divorce!

I yearn for a time when divorcing parents can put their hurt and anger aside in exchange for a focus on their children, who didn’t ask for any of this. This means not just talking the talk, but showing it by the compromises and agreements they make. Parenting time must be about the children – not about the parents!!

I prefer to look at parenting time as the parent’s opportunity to spend time with that child, on the child’s schedule. Whether you’re a mom or a dad, you can and should be more involved in school, spend more time with your children doing things of interest to them, and cherish this time, even if it’s not an overnight.

It takes humility on both parents’ parts to recognize their strengths and weaknesses, and cooperation to work together, but in this model the focus is completely on the children. Which is how it should be.