Are You Really Ready for Divorce? The 8 Questions You Need to Ask

May 17th, 2008 by Divorce Mediator in Divorce, General

There is a great article on Mediate.com that looks at eight signs that you are really ready for divorce.  The piece is written by Bruce Derman and Wendy Gregson and offers some great insights if you are considering taking the next step towards a divorce.

Below is one of the best points in the article:

The reason many people do not even think about getting ready for a divorce is because they operate under the assumption that the sooner you can get out of a stressful situation the better. So there is a natural tendency for people who are in difficult marriages to want to get the divorce over with as quickly as possible in order to move on with their lives. Family and friends often encourage this as well. They hurt for the family and so also prescribe to the myth that the quicker the divorce is over, the sooner everything will return to normal. But unfortunately in most cases just the opposite happens. Couples who make rushed decisions to leave the marriage have had no time to evaluate their feelings, thoughts or options. As a result they are unprepared for the roller coaster of emotions, the complicated legal system and the many life changing decisions that they need to make. Quite often they make agreements which they cannot sustain, and instead of the situation getting better, they often find that they have just traded one set of problems for another. So it is no wonder that they often get tangled up in lengthy court cases and the very thing they hoped for, a quick divorce, often takes years.

To read more from this article, you can check it out on mediate.com

This I Believe: Truce is Better than Friction

April 18th, 2008 by Divorce Mediator in Divorce, Conflict, General, Mediation, Uncategorized

For those of you who are into public radio, you may have heard of the NPR series, This I Believe. Created by Edward R. Murrow in the ’60s and revamped for the modern era, This I Believe is, “an international project engaging people in writing, sharing, and discussing the core values that guide their daily lives.”

Inspired by the idea, and a little prompting from a member of the Peace Talks team, I decided to write an essay on what I believe and I thought I would share it with the Peace Talks community.

I believe “truce is better than friction.” Sure it sounds a bit cheesy, but it’s a belief that guides my work as a family law mediator and my life.

For years, I was a divorce attorney and, all modesty aside, I was really good. I helped my clients kill their ex-spouse (financially, that is).

Then people started actually dying. I had one client commit suicide and another whose former wife tried to kill herself when I won his case. Then, to top it all off, while I giving a closing argument, the opposing party dropped dead in the courtroom.

I took this as a sign that maybe the bloody courtroom battles I specialized in were not the best route to getting a divorce. Given that divorce impacts everyone, including children and extended family, I decided that there had to be a better, more peaceful way to get divorced.

That better way was mediation. Don’t get me wrong; I am not some peace-seeking hippie. I doubt holding hands or singing kumbaya is helpful, especially when your soon-to-be ex-spouse had a fling with your local Starbucks barista.
However, dialogue has always been a successful tool in conflict resolution. Moreover, it just seemed like the practical choice.

Think about it, most marriages fall apart from a failure of communication. Too often couples argue and, instead of listening, they are waiting for their chance to make their point. Or worse, they don’t talk at all until it’s too late.
In mediation, I ask couples to truly listen to and communicate with each other as they work towards a divorce. The structured discussion helps them recognize that there may be lots of different ways to meet each of their goals, and that the answer doesn’t have to include destroying the other person at all costs. Statistics show this truce often leads to more effective and long-lasting divorce and custody agreements.

(more…)

VideoCast 5: What Causes Divorce

March 29th, 2008 by Divorce Mediator in Divorce, General, Mediation

Check out the new installment of the Peace Talks VideoCast. In this episode, Diana Mercer offers her take on what causes divorce.

Peace Talks Goes Portable

March 28th, 2008 by Divorce Mediator in Divorce, Kids, Conflict, General, Mediation, Uncategorized

Don’t feel like sitting in front of your computer to get the Peace Talks tips on divorce, conflict, custody, and mediation? Now you can take Diana Mercer’s insights with you in audio form on your iPod or other portable media device! Click below for Peace Talks podcasts on divorce and kids and stay tuned for more podcast news to come.

Divorce & Kids Podcast (Right click , then choose “save link as” to download)

Politicians Could Use a Mediation Session (or Two)

March 27th, 2008 by Divorce Mediator in Divorce, Conflict, General, Mediation

If you have been keeping you’re an eye on presidential politics in the last few weeks, you may have noticed that the dialogue on the Democratic side has devolved from a discussion of the issues into an endless fit of name calling.

This literal “he said, she said” reflects one of the most common communication problems that lead to divorce. That is, when couples first begin an argument the focus is usually squarely the issue. But as time passes, tangential arguments arise that are typically unimportant and distract from the real issue. Thus, a worthwhile argument about respecting each other’s time turns into who took out the garbage last.

One of the reasons divorce mediation is so successful is that the mediator is able to rein in these the extraneous fights and arguments. By bringing the focus back to the larger issue, the couples can more quickly and effectively resolve the problems that are preventing the creation of workable divorce and custody agreements.

If these politicians can’t get back to the issue, then a mediation session should be in their futures.

VideoCast 4: What is Divorce Mediation

March 23rd, 2008 by Divorce Mediator in Divorce, Conflict, General, Mediation

In the latest installment of the Peace Talks VideoCast, Diana Mercer, Esq. gives an overview of divorce mediation, the sane and sensible alternative to an expensive, litigated divorce.

Preparing for the Holidays

March 21st, 2008 by Divorce Mediator in Kids, Divorce, General, Mediation, Uncategorized

Kids at zebra crossingWith Easter days away and the summer break just down the road, it is time to think about your kids and their holiday schedules. If you are just recently divorced, and have not had a big holiday to test your custody agreement, it can be helpful to prepare yourself both physically and emotionally for the upcoming event.

If you are the parent sending the child off, preparing physically includes packing bags and making sure they have their figurative security blanket, e.g. a favorite toy, a stuffed animal, or their iPod. Preparation does not include giving them notes, bills, or paperwork to pass on to your ex-spouse. Turning your child into the messenger can put them in an awkward situation and make them the target for any frustration stemming from those documents.

If you are the receiving parent, make your home welcoming. Try to have one of your child’s favorite foods in the refrigerator and make their sleeping arrangement as comfortable as possible. While it may be tempting to probe your children about your ex-spouses personal life, they are not spies-in-training and should never be used as such.

Preparing emotionally is important as well. Try and stay busy while your child is away. If you dwell too much on missing them, you could end up in a lasting funk. Consider meeting up with friends or other family. Also, avoid laying a guilt trip on your child for wanting to see their other parent. A guilt trip may yield the result you want in the short term (getting your child to stay), but the long-term effects could be much worse (resentment, anger, issues with you ex-spouse).

Again, as the receiving parent, it is also important to manage your emotions. Don’t expect your children it instantly feel comfortable. It may take a little time for them to adjust. Additionally, be prepared for your child to feel a little homesick for their “main” home. Try not to take it too personally and encourage them to share their concerns.

If you find that, even after preparation and a couple of tries, your custody agreement still doesn’t seem to be the best fit for your kids, you may want to consider revising the agreement via mediation. In custody mediation, you and your ex will get together to openly discuss the kinks and problems in your agreement and modify it accordingly.

VideoCast 3: All About Peace Talks

March 16th, 2008 by Divorce Mediator in Divorce, General, Mediation

In the latest Peace Talks VideoCast, Diana Mercer, Esq. shares the history of Peace Talks.

Divorce and the Workplace

March 4th, 2008 by Divorce Mediator in Divorce, General, Mediation

One of the least discussed, but most damaging aspects of a divorceOffice is its effect on work.
As one would expect, dealing with a major change in your home life can sometimes flood your work life. This flood of emotions and stress can lead to what has been dubbed “presenteeism.”

Presenteeism is business speak for being at work but not getting much work done. Often employers, bosses, or HR departments will understand or at least empathize with your situation and give you time to acclimate to your new lifestyle. However, as a business, their primary goal is to make money and low productivity is not something they encourage for any extended length of time.

A recent study by The Harvard Business Review estimates that presenteeism costs American Business $150 billion annually in direct and indirect costs. And with the economy in flux, any opportunity to trim the fat may bring extra attention to your presenteeism.

There are a couple of tips to keep your work life stable as your personal life changes.

  1. Talk to your HR dept. or boss. Let them know you are dealing with a big life change, but you will do your best to keep the problems out of the workplace. This will let them know that you are not just slacking off, but also HR may be able to give you some guidance and advice to help ease the transition.
  2. Consider Mediation. Because mediation provides the opportunity to work through both the legal and emotional aspects of divorce, it means you are less likely to drag those divorce-related emotions into the workplace with you. Further, mediation often produces results much faster compared to a contested litigation, meaning less time spent worrying about the divorce at work.

While none of these suggestions will truly turn the flood of emotions into a draught in your office, they can may transform the flood into a leak that can be patched with enough time.

VideoCast 1: Finances During a Divorce

March 1st, 2008 by Divorce Mediator in finances, General

Check out the first episode of our video podcast. This quick episode covers financial planning during the divorce process.

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