Amicable Divorce

Amicable divorce has advantages over fighting in court

Is there such a thing as friendly divorce? We think so. This blog is about how you can move past revenge towards a friendly divorce.

Mediate2go: Top 10 Songs about Divorce

If you are experiencing a divorce, check out our blog on the Top 10 Songs about Divorce and Top 10 Songs about Conflict. In addition, if you haven’t decided if you should divorce or not, read this blog about choosing whether to divorce and mediate.

Introduction to Amicable Divorce

Amicable divorce satisfies needs

Family mediation is one of the most popular forms of amicable divorce available to parties. Amicable divorce provides a means to prevent what some people label as the problematic approach of family litigation. For many, family litigation is inflexible and fails to satisfy parties’ true needs. “In comparison with more formal, legal and adversarial processes, [family] mediation is characterized by an informality and mutuality that can reduce both the economic and emotional costs of dispute settlement.[1]”

Amicable divorce is flexible

Mediation is often more appropriate than litigation, given that parties are not required to follow a strict set of rules, and parties achieve emotionally satisfying results because the process has been designed to satisfy these unique needs. Amicable divorce still takes into account and must respect legislation and regulations that guide family law, but provides increased flexibility to parties to come to an amicable solution.

Differing views on amicable divorce

Some people have questioned the benefits of amicable divorce, some calling it “the good divorce myth”. In a news article from 2014, the DailyMail noted a study that questioned whether mitigating family conflict had any improved impact on children (see Amicable Divorce). Specifically, they stated that divorcing couples that try to remain friends to help their children would have little positive impact as a result of this strategy. On the contrary, much research has been done that encourages parties to reduce the level of destructive conflict between one another to benefit their children. This research, which encourages conflict resolution, does not state that couples breaking up must be friends per se; rather, but rather they must reduce the level of conflict (see also conflict escalation).

Benefits of amicable divorce and family mediation with songs

Amicable divorce helps you take care of yourself – Divorce can be one of the most difficult times for a family unit to endure. When you are kind to yourself as a divorcing parent, you will be more effective at managing yourself on a daily basis through this crisis. Family mediation provides a way for you to peacefully resolve your marriage break-up so that you may better satisfy your needs. The court system and family litigation process is not designed to help you take care of yourself.

Amicable divorce helps you learn how to address conflict – Through participating in an amicable divorce process, you may learn new skills to address conflict in your relationship with your ex, in addition to your relationships with other people. The skills you practice in an amicable divorce can help you address issues in the future. Read more about the benefits of Alternative Dispute Resolution.

Amicable divorce helps you find happiness and change – “if your marriage fails, you are likely to feel a whole range of intense emotions: sadness, anger, hurt, fear of an uncertain future, loneliness, confusion over the many decisions you must make, and a sense of failure at your lost plans and dreams” (CMHA). Amicable divorce might increase the chances that you can again, satisfy your deeper needs and interests. Instead of focusing your energy on competition, arguing and fighting with your ex, amicable divorce through family mediation allows you to quickly find a way to move on.

Amicable divorce helps you prevent emotional turbulence for your children – “During a divorce, parents can do a lot to ease the child’s transition. As a divorcing parent, do your best to keep any conflict away from the kids. Ongoing parental conflict increases kids’ risk of psychological and social problems” (APA). Through amicable divorce, your children are less likely to be exposed to on-going, damaging conflict. Check out our detailed blog about managing and coping with divorce effectively when children are in the picture.

What does amicable divorce look like?

Family mediation 

Parties request the help of a neutral third party known as a mediator. The mediator works with each party to identify and clarify their deeper needs during a pre-mediation session. The second part of the process is the actual mediation, where the neutral third party helps parties identify shared concerns, exchange information, brainstorm solutions and come to an agreement. Read more about the benefits of mediation services and how ADR can help. Do you want to try it out? Find a mediator.

Collaborative law

In this process, parties would each retain the services of a collaborative lawyer. The lawyers would do their best to help parties achieve an out-of-court agreement. Failing this, the parties would be required to retain other lawyers, so as to encourage the collaborative lawyers come to an amicable solution. 

Conclusion – Amicable Divorce

Overall, amicable divorce will help you get better results than you might expect from court (in many cases). Family mediation “has produced better-quality results for both children and parents than litigated rulings.[2]” The goal of amicable divorce is to satisfy parties in many ways.

Mediation has the goal of ensuring that the parties’ human needs are met and goals achieved.[3] In this view, mediation aims to reduce the pain that parties experience as a result of intractable conflict. The mechanics of the flexible and informal mediation process help parties reduce the emotional and economic burdens of parties in dispute and the use of public resources to settle these disputes through the court.[4]

If you are faced with divorce or separation, consider trying a different approach. In the end, you are likely to save money, time and also your relationships. 

 

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[1] The Promise of Mediation

[2] The Promise of Mediation

[3] The Promise of Mediation

[4] The Promise of Mediation

Revenge

Revenge is a Dish Best Not Served

Revenge

Introduction to Revenge

I can nearly guarantee that you have felt vengeful at some point in your life.  It is arguably a natural emotional response when we perceive that an injustice has been done to us.  Retribution, justice, or payback are terms sometimes used to disguise or even justify feelings of vengeance and the desire to have a wrongdoer made to suffer for their actions.  There is, of course, a difference between standing up for yourself and being malicious or antagonistic, but it can sometimes be difficult to gauge where to draw the line.  If you feel you’ve been wronged, what is the appropriate course of action?

Recognize the Feeling of Revenge

The desire for revenge is an untrustworthy emotion. As an example, there is evidence that shows that years after the offense, the satisfaction of victims’ feelings of revenge are not typically related to the severity of the punishment of the criminal.  Shortly after the time of conviction, victims were more likely to say that they felt their vengeful feelings were satisfied, but this oscillated more rapidly and was unpredictable between and within individuals. Many people think that seeking vengeance will make them feel better, or bring resolution to their problem.  In fact, it appears that this is not the case, and that unleashing aggression or retribution on someone who has wronged you may have no cathartic effect at all – and in fact it can lead to further feelings of aggression.   One possible explanation for this is that the injustice remains current (for both the offender and the “avenger”), and it detracts from the ability of the offended party to trivialize and move on from the original injustice.   Further, it is unlikely that the original offender will take any vengeful acts lightly.  There is a real danger in perpetuating a cycle of revenge, with potentially destructive costs to all involved.  

 

Consider the Cost of Revenge

In any dispute, it is common to see parties who want revenge.  One main way in which this manifests is in a Pyrrhic Victory, a “win” that is so costly, time-consuming, or relationship-damaging that it is tantamount to defeat.  It is important to watch out for this and to guard against heading down a path that leads to one.  It is unfortunate that sometimes injustices occur.  And no, it is not always the best advice to allow injustices to go unnoticed or ignored.  But it is equally important to remember all of the costs and efforts, including the mental strain and lost peace of mind that can come from a drawn-out dispute, and these tend to be even more pronounced if the relationship is very antagonistic. It is also important to consider these costs in the context of your particular situation.  Whatever injustice you have suffered may feel amplified if the perpetrator was a friend, family member, or any other person in which you held trust.  Take into account the effect that a soured relationship may have on your other relationships, including ones that may not have developed yet! Is it really worth it?

Revenge 

Strategies to Deal with “Revenge”

If you are feeling vengeful, it may be helpful to step back and consider all available options.  Every situation and relationship is different, and it can help to come to terms with the problem if you consider what could occur next. Start by considering what you would ideally like to get out of the situation. Ask yourself the reasons why, and try to imagine what the consequences could be if you got exactly what you are asking for.  Seeking outside help can be very useful in getting to the root of the issue. This could be in the form of a lawyer, a mediator, the police (if the matter is criminal), or even a medical professional. These are especially important if the issue is time-sensitive.  Speaking to someone who may be able to give you advice – even a friend or family member – is a great start.  It may help to simply have your feelings of injustice affirmed or shared.  If possible, you may wish to simply wait and reflect for some time, even if this means not contacting a family member or friend who has hurt you somehow.

It is unfortunate that sometimes, wrongs occur for which there is no apparent remedy, no “next step” that can be a distinct marker of resolution.  Sometimes this marker does not materialize immediately, and sometimes it has little to do with the effort or thought you can put into it. Vengeance, however, is untrustworthy, and a misleading hook on which to hang your dispute resolution strategy.  


Author

Dan Lawlor is a Mediate2go Blogger focused on estates and commercial dispute resolution. Dan is a graduate of McGill University's Faculty of Law with interests in conflict resolution, business law and writing. He played an important role as a director with Mediation at McGill, building connections with the community to improve outreach. Currently he is a student-at-law with Campbell Mihailovich Uggenti LLP in Hamilton, Ontario. Dan loves team sports, reading, and traveling.