Mediation and Neutrality

A neutral mediator is key to the mediation process. This neutrality in the mediator can help heal the pain of divorce and increase understanding. It is never simple to determine why a marriage ends.  The end of the marriage takes two, as does the beginning .

My challenge as a mediator is how to understand/empathize with both people. 

Take this situation for example:

Brad & Helen have come into my office. Brad went out to get a newspaper one Sunday morning and did not come back or call for 3 days.  He left Helen with 2 young children, without even a note.  I could imagine her anguish, and the children’s fears.  But during our sessions, Helen never let Brad speak!! What he did was not right. But something drove him to do this.  His experience led him to this decision and both experiences are vital to understanding what is at play.

What is my role as a neutral mediator?

Most of us are doing our best to make our way through life.  We try not to hurt the people we love, or have loved.   But we are imperfect creatures, so we do not always succeed.  We are hurt and we lash out – and the other may not know that he/she has hurt us.  Through my understanding as a mediator, I can often help people to forgive themselves and each other – which will help them to move forward into their new lives post-divorce.

Divorce raises hurdles, as you restructure and begin to figure out your new life, and also raises complex emotions.  Mediation is a good place to explore these changes. When you are navigating the maze, the last thing you want to hear is that your spouse’s position has more validity. 

These feelings are especially intense where the impetus for the break-up of the marriage is a situation with deep emotional effect – for example, where one person has a new lover, or where one person walked out on the other very suddenly and without warning.  The identity as a wronged person becomes compelling and attractive. 

In mediation we focus on a broader picture. A neutral mediator can bring you closer to the truth, and the truth will help you to move on with your life.

A IN-DEPTH EXAMPLE OF HOW MEDIATION & NEUTRALITY WORK IN ACTION:

Anice and Marshall came to me for divorce mediation. Anice expressed her thoughts clearly. She loved Marshall passionately and still believed that he was the love of her life. She had made a commitment to him which, to her, meant that she would stay with him no matter what. She told me that Marshall had had other affairs in the past, and had always returned to his commitment to her. “How do I know that this time you are serious?” she asked him. “What makes you think that, 3 months from now, you won’t change your mind again and come back to me?”

The couple had recently purchased a house. Anice said, “Why did you buy this house with me if you wanted to get out of the relationship?” The couple had greatly disparate incomes, and although Anice had been the motivating force behind their buying their home, she was not at the present time able to figure out how to pay the expenses of the house by herself.

I could have felt that Anice was “right,” and Marshall – a lousy toad. She was the one with commitment and vision, she felt sure that this marriage was the right thing and was able to stick with her husband through thick and thin. She planned and worked to enable them to buy a home. And after this loyalty, what was her reward? Constant betrayal, multiple affairs!

Then Marshall told me about his experience. He spoke eloquently about his need to move on from a relationship which felt stagnant to him, and from which he could no longer derive any sense of intimacy or romance. He was very grateful to Anice for all the love and support he had gotten from her, and the achievements he accomplished because of her support. But for a long time he had felt that there was something missing. This feeling drove him to seek outside relationships, even though he had derived from Anice love such as he had never before experienced in his life.

At the present time, he felt stifled by the relationship. He felt responsible for Anise. He was aware that she wasn’t able to earn as much money as he could earn, and he felt trapped. Although he felt platonic love and respect for Anice, he had a new girlfriend. For Marshall, the 12-year relationship had evolved into a friendship.

After hearing Marshall, I felt his pain. I felt how Anice’s willingness to stay in a relationship with a man who was sleeping with another woman made Marshall feel trapped. He saw her as a crazy woman who had no self respect, who would live with him even though he rejected her.

In truth, I felt great empathy for both Anice and Marshall. Through my understanding of them, I was able to sympathize with Anice, who felt deeply committed to this man, and hurt every time he told her that he still loved her – and who felt that she would have stayed with him no matter what happened, even if he had outside relationships.

I felt empathy for Marshall, who expressed that this marriage, though it had endured for 12 years, had never completely fulfilled him. He felt an excitement at the change to break free and try again in a new relationship for something that felt more healthy and fulfilling and less co-dependent and suffocating than his relationship with Anise.

My job, now was to do my best to increase their understanding of each other. Marshall had a better understanding of how Anice felt than she had of his point of view. Once understanding is improved, they would be ready to negotiate the fairest way for them to divide their house and their possessions.

Anise had to confront the reality that Marshall wanted a divorce. When I helped her to accept this, she was able to negotiate alimony for a period of time, so that she could keep the house and eventually become self-sufficient. Marshall saw the alimony as a way to buy his freedom, and it was a great relief to him to be able to do that. They were both satisfied with the terms and their divorce agreement was completed.

Children perceive their parents neutrally during a divorce. As much as you might want your child to side with you against the other parent – it won’t happen – and it shouldn’t happen. A child will never thank you for taking away his mother or father. The children each contain a little bit of each parent, and they are able intuitively to understand both parents’ points-of-view. The children understand the limitations and strengths of both their parents and love them.

I can think of many cases where I had deep empathy with both people, and could see both their sides. I had a case where the marriage was breaking up because the woman was a lesbian. I empathized with the husband, Allen, who, in his early 50’s had to leave his beautiful house. He had to rethink his whole life with Marge, in light of these changes in her outlook. He had believed he’d had an OK marriage. He didn’t want a new life, but the old one had been snatched from him.

Marge was able to communicate to me the excitement and liberation she felt as she embarked on her new life. She showed me that something had always felt “wrong,” in her life, and now, for the first time she didn’t have that feeling.

Marge came to mediation believing that she had embarked on a course of self-discovery. But during our sessions, she came to a new understanding of how this journey had affected Allen. She ended up giving him a more generous financial settlement, partly to assuage her guilt, and partly to help Allen to also feel that he was getting an opportunity to embark on a new life – that might hold some promise, excitement, even happiness not present in their old one.

The truth is that it is never simple to determine why a marriage ends. Something was probably always lacking in Allen and Marge’s marriage. Why didn’t Allen see that? Why didn’t Marge know earlier? The end of the marriage is created by both, as the beginning was created by both.

My challenge is always to understand both people. In another case the husband, Brad, went out to get a newspaper one Sunday morning and did not come back or call for 3 days. He left Helen with 2 young children, without even a note. I could imagine her anguish, and the fear of the children. But during our sessions, I could see that Helen never let Brad speak!! I’m not saying that what he did was right, only that I understand that he did the best he could and that something drove him to do this terrible thing. Something that he felt had been equally awful had been done to him or he would not have done this to her.

And that is probably the crux. I do believe that most of us are trying the best we can to make our way through this life. We try not to hurt the people we love, or have loved. And we do our best. But we are imperfect creatures, so we do not always succeed. We are hurt and we lash out – and the other may not know that he/she has hurt us. Through my understanding, I can often help people to forgive themselves and each other – which will help them to move forward into their new lives post-divorce.

Divorce raises all kinds of hurdles, as you restructure and begin to figure out your new life – and also raises all kinds of complex emotions. When you are navigating the maze of these changes, the last thing you might want to hear is that your spouse’s position has some validity. (And that is one of the appeals of the adversarial system. When you are hurt, angry and shaken up, who would not want to hire an experienced warrior, who will tell you that you are right and that your evil spouse should make amends – usually monetary – to avenge these wrongs?)

These feelings are especially intense where the impetus for the break-up of the marriage is a situation with deep emotional effect – for example, where one person has a new lover, or where one person walked out on the other very suddenly and without warning. The “right” spouse might find that the new identity as a wronged person becomes intensely compelling and attractive.

The answer is that neutrality will bring you closer to the truth, and the truth will help you to move on with your life.

Do I Need A Prenup?

Sometimes people think they need a prenuptial agreement to keep property they own now, separate, in case of a divorce.  But everything that you own before the marriage will stay separate, as long as you keep it in your separate name.  So you don’t need a prenup, if all you want to do is protect your premarital property.

Still – in a good prenup mediation, we can discuss what you each feel is fair, and you can start your marriage without unexpressed assumptions and expectations.  Also, the prenup will memorialize what you have now – exactly what is your premarital assets and debt, so that there is no confusion, down the road.

Debt that you have now will be your separate debt, even after you marry

Anything you receive as a gift or inheritance, no matter when received, will be your separate property. 

Where people get in trouble is when they mix up (commingle – is the legal term) separate property and marital property.

If you have good records, you can trace it, and get a separate property credit. So – for example – you inherit $250,000 from Aunt Tilly, and you use that as the downpayment on a home. 5 years later, you sell the home, and net $650,000. $250,000 is your separate property credit, and you split the balance – $400,000 – equally with your spouse. So you have $450,000, and spouse has $200,000.

If you don’t have a prenup, here are the things that will be considered (by NY State) to be joint property – owned 50/50:

  • monies earned during the marriage
  • gifts given to both of you (such as wedding gifts)
  • retirement assets earned during the marriage
  • debts accumulated during the marriage
  • a business started during the marriage
  • equity accumulated in a home purchased during the marriage

If you want to change any of this, you can come to mediation and I’ll help you to figure out what will work for both of you, for your future.  In a prenuptial agreement, you can tailor your property rights to best meet both your needs. 

Mediation or Collaborative?

Is mediation or collaborative divorce the right fit for you?

After you decide that you are going to separate, the first questions you want to answer are: What process will work best for you both? Who are the professionals who can help you to find the steps through to this next phase of your lives? Do you both want to try mediation with a neutral third person to help facilitate your conversation? Or would you prefer to have your attorney sitting next to you during your negotiations?

Mediation requires that you both:

  • be willing to sit together in the room and listen to the other’s point of view, even if you don’t agree with what the other person is saying
  • be willing to voluntarily disclose all financial information
  • be able to express your thoughts and true feelings, with the other person present
  • be able to advocate for yourself, and for what you think is workable for the future
  • have an understanding of your rights
  • not be out for revenge
  • have some facility around finances, so that you both understand your living expenses
  • have the goal of coming up with something that is fair to both of you, and that will allow you to move forward, whole, into your separated futures
  • have some trust in the other person, that he/she is not out to screw you over or destroy you
  • wish to avoid attorneys all together
  • want more control over the process – timing, order of discussing different subjects – and costs
  • both people hope to resolve things themselves, rather than having a judge make decisions about your family and your lives.

In the mediation process, I ask for a retainer fee equal to 4 hours of work, which you would replenish when it reaches 1 remaining hour.

By contrast, the costs of a collaborative divorce average from $10,000 to $50,000.

Collaborative divorce is right for you if:

  • you would like to have your attorney present to help you to advocate for yourself
  • you are worried about giving up too many legal rights, without fully understanding what you are agreeing to 
  • you and your ex are not on the same page with understanding about finances
  • you finances are very complicated, such as where one person is a business owner
  • you and your ex differ regarding how much information you have about finances (for example, one of you pays all the bills and manages the finances and the other ignores them)
  • we would like to invite other experts to be part of the process, such as a child specialist, or a divorce financial planner, who would act as neutrals in the process.
  • one of you has trouble listening to the other’s point of view, when you disagree, and withdraws from fights, or becomes flooded and can’t speak
  • we have questions about financial information, and would like a financial neutral to help facilitate the information gathering process
  • one or both people have difficulty expressing their actual needs thoughts and true feelings, and would like the attorney to speak for them about what is workable for the future.
  • neither is out for revenge or to destroy the other
  • you both have the goal of coming up with something that is fair to both of you, and that will allow you to move forward, whole, into your separated futures
  • have some trust in the other person, that he/she is not out ot screw you over or destroy you
  • both people hope to resolve things themselves, rather than having a judge make decisions for you
  • you both understand that, if you withdraw from the collaborative process, your attorneys will also withdraw, and you will have to start over again, from the beginning, with litigation attorneys.

In the collaborative process, I ask for a retainer fee equal to 20 hours of work, which you would replenish when it reaches 1 remaining hour.  

If you have any questions about what process: mediator or collaborative divorce is right for you, please reach out to our team.

Is Mediation Right for Me?

8 Reasons To Try Mediation:

1. Faster Path to Closure:

You may have been wronged – but getting stuck in conflict, and seeking revenge, will only keep you thinking about and tallying up – reliving – those hurts.  The goal of mediation is to wrap up this part of your life, resolve and settle, so that you can move forward to your new and (hopefully) happier future, without the conflicts of the past.  Let them go!

2. Neutral:

The mediator is neutral.  I won’t take sides with you against your spouse, nor with your spouse against you. Instead, I will work with you to increase your understanding of each other and of your conflict, and help you to find ways that the future structure can work for both of you.

3. Control:

Mediation allows you to have control over the process:

      • You won’t agree until you are ready to – when the agreement meets your needs;
      • You schedule appointments on your time-frame, and can take the time you need between meetings to gather information, consider proposals, run it by those you trust.

4. Private:

Mediation is private and confidential, so that you can frankly discuss cash income, addiction, infidelity and any other sensitive issues.

5. Quicker End to Conflict:

Conflict is painful. Most people have a drive to resolve it. When you understand the sources of conflict, you have a huge release of creative energy which leads to terrific brainstorming sessions about how to solve the problem and end the conflict.

6. Shared History:

You will always have shared your years together.  Even though you are splitting up, you can’t change the past.  Do you want to ‘wish each other well,’ and move forward into this next phase?  Or do you want to destroy your former partner?  Your children will not thank you for destroying their other parent.

7. Better Relationship In The Future:

You may want to attend future birthdays, graduations, weddings; be at the hospital for the birth of your grandchild.  If you have (a) child(ren) together, you will always be connected to your ex.  Mediation will help you keep the lines of communication open, come to a deeper understanding of why things may not have worked in your marriage, and be better able to tolerate seeing your ex in the future.

Litigation is ritualized war.  Afterwards, it will be hard to be civil to someone who tried to annihilate you, during your divorce.  Avoid doing that!  Many kids whose parents are divorced have said that the biggest gift their parents can give them is the ability to be in a room together, and be civil to each other.

8. Reasons People Choose Mediation (quotes from clients):

      • Either we solve it together – or a stranger will tell us what to do.
      • I don’t want it to be lawyer v. lawyer.
      • Keep the friendship that we still have.
      • Have a fair process – fair for both of us.
      • Both of us want to do what’s best for our child
      • Respect each other’s individuality
      • Get clarity about what is the right thing to do
      • Save money
      • Accomplish our goals, such as making sure we are both OK, financially
      • Want to be good co-parents
      • The law is a blunt instrument – discussion in mediation is more tailored to what we need and care about
      • Hope to be able to be friends, in the future
      • Want to spend time together with our child

Children’s Need Can Be Our Guide

Shifting our focus can help us resolve conflicts.

I met with a couple who used mediation for their divorce, about 14 years ago, and wanted to resolve a new conflict in their restructured family. The mother emailed me to tell me that they were having trouble figuring out the credit that the father should get for the child’s room and board expenses while he is in college.

She implied that they were having a lot of conflict, that the children spent almost no time with their father, and that the parents communicated infrequently (and only via text).

I feel nervous before the meeting. I was worried that the distance of the years that have passed would turn the whole thing into a screaming match. Instead, it turned out that the parents have really pulled it together to support their children in a way that I found very moving.

The mother started out by saying that she also agreed that her receiving child support while her son is away at college, and she’s not feeding him, didn’t feel fair. This lowered the temperature in the room, because father felt understood, and he didn’t have to “fight” as hard.

They told me about how their son is having some challenges, and the mother found a boarding school program for him to attend. The parents weren’t speaking much at that point, so the mother just put together the money to pay for a year in boarding school. The father said, “She did an amazing job. She probably saved his life. I didn’t have the money to pay for my half of that school, but in the future, if I do, I will pay her back.”

Since they both acknowledged each other’s needs, the rest was simple calculation. We finished up, and they left. When I came out of my office, about 15 minutes later, I saw them standing together outside, up the block, talking to each other.

Negotiating A Prenuptial Agreement

Why mediating a prenuptial agreement can be beneficial:

A woman called me, distraught. She said that over the course of 4 months, she and her fiancé had paid about $10,000 in attorney’s fees, had months of stress and agony, and ended up getting married without having signed the prenup. Now, 3 months into their marriage, the unsigned prenup remained an issue, but their attorneys could not find a way to agree.

The confluence of their fears and their lack of confidence merged to produce a situation where they felt frozen and unable to move forward. When the husband’s lawyer said, “You might as well have her waive her rights to your pension and her rights of inheritance,” the husband did not know whether this was ‘standard,’ or unusual, and didn’t find a way to say “no,” to his lawyer – even though this was not his goal in entering into the prenup.

I met with them together, in a mediation session, and asked them what had been their original goals for the prenup. As we created a list of those goals, it became clear that they were quite aligned.

Robert owned some properties with his brother and mother, and wanted to keep those as separate property. Alicia was fine with that, that felt fair to her.

They asked me to use the prenup that their attorneys had drafted, and edit it. I had to do a lot of deleting, to take out all of the extraneous things that one attorney said was necessary to “protect” the client, and the other attorney refused to accept. I ended up with a postnuptial agreement that met their original goals.

They came in again, we read it through, they made a couple of changes, and then they signed it that night. They were both so happy to find a way to resolve this whole matter so smoothly, after a process which left them feeling frightened and that their conflicts were intractable.

The power of mediation!

Read more here to find out if a prenup is right for you. 

Moving from Litigation to Mediation

In mediation, we start from an underlying premise that we can find a place which will meet the needs of all members of the family. This is not always the case in litigation and often times the needs of the family get lost in a power struggle full of fear & defense.

Can high conflict couples mediate?

Looking back at the highest conflict couple I ever met with… Were they litigious, and went to attorneys who reflected where they were at? Or, did the attorneys make them more litigious? Hard to know.

An example of their intensity: During our session, she was so angry she THREW a pad of paper across the room as if she wanted to throw a boulder at his head.

Can this couple mediate?

They started their divorce process in a negative way – husband’s parents warning the husband, “She might kidnap the kids and take them to Europe. (She’s from Europe, originally). You should take the children’s passports, and change the life insurance while you’re at it.” He did as they adviced… Injecting fear and distrust into the process.

And then he hired a process server to serve the summons for divorce on her – starting with an attack which makes anyone feel fear – and when you are afraid, you look for protection.

The attorneys were fighting over the kids’ schedule for spending time with dad, and when the fight becomes framed as being about power – who will ‘win’ and who will ‘lose’ – it is hard to evaluate the benefit of trying out different schedules, seeing how they feel and what works for the entire family.

In mediation, I could ask, “How about we try mom’s idea for November, and dad’s idea for December, and then meet in early January and see how the kids are doing, and how it felt?”

But that is because, in mediation, we start from an underlying premise that we can find what they both – at least as far as their kids are concerned – need. That there is a place which will meet the needs of all members of the family. An assumption of bounty, rather than one of limited resources. That quality time with each parent benefits the kids and all of them.

We need enough trust that if one says, ‘the baby had a lot of trouble falling asleep,’ the other parent will say, ‘oh, the poor baby, what do you think caused that? how can we help him to avoid that in the future?’ and they can work together to try to resolve the problem.

Here – not sure we had that.

Also – she was invested in proving that she has been the #1 parent in the kids’ lives – wanted to know dad’s work schedule over the past year, to prove that he wasn’t a consistent dad. Instead of the question framed as – how can he be a better dad going forward, given his work and travel obligations?

Fuel for Conflict

People get into the worst fights when what they are fighting about is not what they are really fighting about…

I am working with a couple who have an extremely (and unusually) hostile and embittered post-divorce relationship. I am working with them as a parenting coordinator, not a mediator. This means that I was appointed by the court and have the power to make decisions if there is a time-sensitive matter pending. Usually, during mediation, I don’t have the power to make decisions (and why should I? Those are not my kids).

This couple contacts me periodically to mediate disagreements as they arise.

Recently, they reached out to me, because their child’s pediatrician recommended that the child see a psychiatrist.

Now, they are tussling – bitterly – over which psychiatrist to choose. The father works at a premier, top-ranked teaching hospital, and received some referrals to a couple of psychiatrists affiliated with the hospital. The mother now thinks that anyone in the hospital is automatically suspect, and will be biased in favor of the father, simply because he works there.

What is in conflict?

  • Will Dr. be biased in favor of the parent who pays? One parent has offered to pay if services are not covered by insurance.
  • Will Dr. be biased if one parent is employee of the same hospital at which Dr. is working?
  • Will the child be pressured by one parent or the other to choose a Dr. which he/she chose first?

It seems the real underlying conflict is the competitive battle that these parents remain locked in – who will ultimately “win?” Because – I would think that credentials and years of experience would give the doctor a presumption of competence. I hope through our work, we can find a way to refocus the conversation back to what is best for their child.

Does 50/50 reflect your feelings of self-worth?

Often times in mediation, we discover how conflicts bring forward other issues, including those of worth. 

A couple came in to see me to mediate the terms of their separation.

While still living together, the questions I usually ask a separating couple include:

  • What are your thoughts about who will move out?
  • What schedule do you want for the children to spend time with both of you?
  • Do you want to separate finances now? That will require (most likely) support payments (Child and maybe Spousal), and determining who will pay which expenses.
  • Or – you could just maintain joint accounts, and continue paying bills, including the new bills for an additional apartment, together, for the time being.
  • Is there anything else you need to discuss right now?

However, as we talked, it seemed to me that Allie wanted a more detailed and final separation, more like a comprehensive divorce settlement. She wanted to separate their money. She didn’t want Warren to look at her spending, or comment about what she spent money on.

This couple can afford to have one kid in boarding school, and one kid in private day school (and they do) – and yet, most of their conflicts revolve around money.

But was the conflict really about money?

Allie had not been working outside the home during their marriage. Their older child had special needs and Allie had been the parent who organized and brought the child to all of the diagnostic and therapy/treatment appointments, while at the same time managing the household. Allie spoke clearly and eloquently about the ways she had contributed to Warren’s and to the children’s successes – Warren had been able to work late and to travel as much as his employer wanted him to. He was able to be completely dedicated to his career, because Allie was home and completely dedicated to keeping the family running.

Warren agreed and acknowledged that Allie had done great work as a parent and homemaker; but I could see Allie did not hear Warren’s compliments and recognition. But, an off-hand comment to the contrary stung her deeply.

She said that during their marriage, she would occasionally want to pamper herself in some way, but that Warren would make disparaging comments about her spending, which made her feel ‘worth less,’ than Warren, because her work did not bring in money to the family.

It was these feelings of being worth less than Warren that caused Allie to end the marriage. Allie said to me, during mediation, “I want spousal support that will give me what I’m worth.”

This struck me as a very difficult goal. Is our “worth” as human beings tied to how much we earn (or don’t earn) in our jobs? I, personally, don’t think so. Would their children feel that their mother is worth less as a person, because she is not earning? Definitely not.

But – can the amount of monthly spousal support that Warren pays to Allie make her feel that she is worth more? I would posit that the answer to that question is – no.

“There’s a hole in the middle of the prettiest life,” as the song goes* – and nothing will fill it up.

How mediation can get to the heart of the issue:

It doesn’t help that Allie has not handled money much, during their marriage. Warren pays all the bills for the family, invests their savings and retirement assets, and Allie admittedly is ‘not good at understanding finances,’ so she may not have a realistic understanding of what are the options for the monthly support.

Warren started out by offering her 50% of the family income, and he said that they would each pay 50% of the family expenses, but Allie felt that would be too much book-keeping.

That surprised me – because 50% would meant Allie is an an equal – what could be more fair than that? And symbolize better that they are of equal worth? This process is what mediation is about though. Working toward understanding.

Often times what we are fighting about is not what we are actually fighting about. Read more here. And learn more how focusing on our children’s needs can guide us to resolution.

—————
* For Real, by Bob Franke

Negotiation in the Shadow of Threat

I had a call yesterday from Josh, who is working with his wife in mediation, with another mediator. Josh called to ask me about being his reviewing attorney, and wanted to get my take on a couple of things.

Josh and his wife, Becka, were having conflicts over who would move out of their house. They had separated bedrooms months ago (Josh has been sleeping on the couch,) and have put a schedule in place for caring for their children, so that each took turns making dinner, being on homework duty – and having nights ‘off,’ just as they will do when they separate. But they are both still residing in the house.

Josh said that Becka is a type-A high strung person, who plays a lot of tennis and runs marathons, and that she has trouble not being in control. During mediation, she had said to him, “Either you move out, or mediation ends now, and I hire a litigation attorney.”

This is troubling on several levels. First of all, mediation is a voluntary process. The reason that the process is voluntary, is so that we end up with an agreement that works for both people and that reflects both people’s needs, interests, ideas, etc.

Becka was instead attempting to negotiate via threat and duress. “I will get the big guns out to destroy your life. I will spend our children’s entire college fund on litigation fees, just to make your life a living hell, I am THAT angry. You had better give in to me, or you will regret it.”

We can’t mediate in the shadow of threats. Just as – people can’t freely discuss their honest thoughts, ideas, feelings, if they fear later that they will be hit, for having disagreed with their (former) partners.

Becka is – intentionally or not – creating exactly what she threatens, because Josh may not be able to return to mediation.

What if Becka were instead to say, “I am really suffering, with both of us being in the house. Would you move out if I were to . . . “ and find some ways to sweeten the pot. Offer to give him some extra cash in the final settlement? Not take a piece of retirement that she would be entitled to? Offer to pay spousal support to him? Or pay his moving and set-up costs? Or offer more time with the children?

Then she would be negotiating. Mediation is about (1) coming to have a better understanding about what your ex needs, in order to move forward, and (2) reaching across the table, to offer something they want, in order to get something that you want.

Without the willingness to listen, hear, and try to understand the other person’s perspective, we cannot accomplish movement in mediation.