Showing posts with label mediation. Show all posts
Showing posts with label mediation. Show all posts

Saturday, October 24, 2015

Top 10 Songs about Divorce - 2014

Top 10 Songs about Divorce - 2014

Also see our blog on the Top 10 songs about conflict – 2014.

Top 10 Songs about Divorce - 2014 - Find a mediator

1)     Justin Bieber - Where Are U Now



This song says a lot about divorce. The person who leaves the relationship often has days, weeks or months to prepare to leave the relationship. In this song, Justin Bieber talks about how he “gave [his ex] faith, turned [her] doubt into hoping.” This may be a normal reaction for a spouse who did not initiate the separation or divorce. While ‘the initiating’ partner has ample time to process the emotional pain of the end of the relationship, the remaining partner has yet to go through this difficult grieving process.

Couples should seek the help of a therapist, especially if they have children. They can also talk to their mediator about options, and whether they feel that they are ready to go through a family mediation process. Some people prefer the more amicable divorce process of alternative dispute resolution to more expensive family litigation processes.

2)     Ariana Grande - One Last Time



This song is about adultery and moving on. Sometimes relationships end due to adultery. The partner who committed adultery might seek forgiveness and another chance to fix the relationship, even if the other person has moved on (see letting go of the past). This song shows how someone might want to continue trying, even if it is only for the short term. This is part of the grieving process – denial. Even if you “take the person home” [get back together with your ex], you are likely to feel more pain. If you are in this situation, be careful to not stay in a destructive relationship.

3)     Andy Grammer - Honey, I'm Good.



This song is about loyalty, staying true to your partner and preventing divorce. Unfortunately, many relationships end due to infidelity – which is what the lyrics, in some ways, try to prevent. “Trying to stay true” translates to fidelity. If you have made a mistake, you can always learn how to fix a relationship – what to talk about or whether to choose divorce or family mediation.

4)     Meghan Trainor - Dear Future Husband



This song is about expectations and fighting fair in relationships. We might have idealistic views and impose our desires of our partner. If our expectations are not realistic, we may eventually seek divorce or separation. Why does divorce happen? Usually, it’s not about the smaller things, like not “buying groceries” or “seeing your family more than mine”. Couples often divorce because one partner has been resenting feeling lonely, or they have not succeeded in resolving conflict effectively (see the blog on why couples divorce).

The song also discusses the need to “Just apologize” “After every fight”. While Meghan Trainor asks for an apology even if she is wrong, it shows the importance of resolving conflict effectively in relationships and fighting fair. It’s important to avoid blame and the desire for revenge. The same goes for the divorce process - parties should seek mediation services to fight fair (Family Fights: How to Peacefully Resolve Conflict).

5)     B**** Better Have My Money (Rihanna)


The song is about conflict escalation and divorce settlements. It represents the nasty side of divorce when parties choose to go to court rather than to mediate (and use ADR). Rhianna takes an aggressive and exaggerated approach to getting her money. Even if the money is owed after a divorce, an aggressive approach is likely to backfire. We recommend that parties try mediation, because mediation offers various benefits that encourage parties to jointly resolve issues together, saving them time, money and frustration (see Benefits of Mediation).

6)     Florida Georgie Line – Sippin’ on Fire



This is another song about cheating. Florida Georgie Line speaks about the passion and desire of the human heart, and the unfortunate realities of people going “round the truth” – meaning: continuing an extra-marital relationship without deciding whether to stay in the relationship or to leave the relationship.  The song says “Every goodbye is bittersweet, So why should we fight what we both need?”

Often, individuals in relationships have sexual desires, but they do not feel at ease or know how to be honest and open with their partner. They avoid the confrontation and fail to seek the help of a marriage therapist to facilitate communicating their needs and working through their feelings. Instead, they continue the affair, which usually leads to divorce or a destructive relationship.

7)     Nick Jonas – Chains


This song is about being in a destructive relationship. Let’s face it, some marriages should never have started, let alone continue for years. This song is about being comfortable with discomfort, and staying in a relationship that keeps us in “chains”. If you are in a destructive relationship, read about it and seek help from someone who cares about you or a marriage therapist.

8)     Sia – Elastic Heart



This song is about moving on. No matter the challenge you face during divorce, you are resilient and can face any challenge with the right amount of support. Even if your partner leaves you, you are not broken. As Sia says, continue to “fight for peace”. This song encourages adaptability in times of change, extreme pain, and grief.

9)     Rachel Platten – Fight song



This song is all about gaining self-confidence after a difficult and destructive conflict. Rachel discusses a more adversarial approach to conflict “with power’s turned on”. Although the lyrics are positive in many ways, (“starting right now I’ll be strong”) a more aggressive approach to divorce might lead to further conflict escalation. This isn’t to say that confidence is a bad thing. We all need confidence, especially after divorce or separation. Use this song to motivate yourself to move on, but still try mediation services to ensure that everyone’s interests are met.

10)   Pharrel Williams - Happy



This song signifies the goals of alternative dispute resolution and amicable divorce –to help parties resolve their conflict, move on and feel happy again. Life is too short to dwell on the past. Happiness is to be felt by parents and children alike. If you are able to focus your energy on finding a new and effective way to communicate with your divorced partner, you are more likely to feel happy in your new life. In addition, your children will have an easier time adapting to this new familial reality. There are many benefits to mediation services, so what’s the harm of trying it out?


Wednesday, October 14, 2015

Managing Ourselves in Mediation: Boundaries for Mediators

Managing Ourselves in Mediation: Boundaries for Mediators and Conflict Coaches

Mediate2go: Managing Ourselves in Mediation: Boundaries for Mediators

What are boundaries in conflict resolution

Similar to boundaries between nations or property, interpersonal and professional boundaries have many benefits. Boundaries in mediation, conflict coaching and conflict resolution in general can:
  • Help our clients resolve conflict (see setting boundaries to resolve conflict)
  • Help us define our own limits
  • Help us know when our limits have been passed or violated
  • Help others understand our limits and ensure that they respect them
  • Help us maintain power and take responsibility for what we are responsible
  • Encourage others to take responsibility for what they are responsible
  • Encourage stability in relationships
  • Provide a way for parties to learn to trust one another
  • Ensure safety is protected
All of these apply in the context of conflict resolution. Boundaries benefit both client and professional. Without boundaries, we are simply other people in the lives of our clients. We might think we are helping, but we are not necessarily encouraging a change in patterns based on the needs of the client. If we expect our clients to be self-leaders in conflict, we need to be self-leaders when helping our clients in conflict.

What are the levels and types of boundaries?

Mediate2go: Managing Ourselves in Mediation: Boundaries for Mediators
  • Personal - boundaries related to your personal needs
  • Professional - boundaries related to your professional obligations and reputation
  • Social - boundaries related to social norms
  • Organizational - boundaries related to organization requriements, policies and procedures
  • Legal - boundaries related to legal obligations
  • Community - boundaries related to community and cultural norms

Top 10 signs that you have a boundary issue to address

  1. I can’t do this – I’m worried I can’t help the parties resolve this conflict.
  2. I feel annoyed Something about the client or situation is bothering me.
  3. I feel too close My empathy for the client might be turning into sympathy or the need to please a client.
  4. I feel embarrassed Something said in mediation has embarrassed me directly or indirectly.
  5. I don't know what to say  I am not comfortable with silence.
  6. I feel rushed – Parties want issues resolved quickly.
  7. I want to fix this – I want the clients to have a resolution.
  8. I am being pushed into a corner – The client wants me to adjust the process against my better judgement or take responsibility for their issue.
  9. I feel pressured to laugh at a client's joke The client might be trying to get you on their side.
  10. My client is angry at me, and I'm getting angry The client's typical conflict interaction patterns might be manifesting themselves in the mediation room.

What can you do as a practitioner?

First of all, consider whether your safety might be at risk. Read about safety for mediators and coaches. If you feel safe, decide how you will assert your boundaries. Speak to your peers in mediation to get some insights, while respecting your client's privacy and confidentiality. Learn about how to manage your own emotions in the situation to learn how to become confident as a mediator. Remember, you are a model for your client(s), so personal work is key to being a good mediator (How to become a mediator). If you have ideas to share with your colleagues, please add them to this blog. Thanks!




Sunday, August 30, 2015

Coping with Divorce - Helping children cope with divorce

Coping with Divorce - Helping children cope with divorce

How to Talk to Kids about Separation & Divorce

Do you want to learn how to help kids cope with divorce? Coping with divorce isn't easy for anyone, especially children. Read this blog about helping children cope with divorce.
Mediate2go: How to Talk to Kids about Separation & Divorce

How to cope with divorce - for parents

Telling children that their family will no longer live in the same home is one of the most difficult parts of ending a marriage or relationship. There’s no easy way to do it, but there are definitely better and worse ways.  How and what you say is definitely dependent on the age of your kids. 

Consider these DO’s and Don’t for pre-teen kids

THE DON’Ts…
  • Don’t tell lies or make promises you don’t have control over. “Daddy’s leaving but he’ll be back” sets them up for more pain down the road.
  • Don’t give them information they can’t handle. Children do not benefit from knowing the details of who felt wronged by whom.
  • Don’t say that Mommy and Daddy don’t love each other anymore. This is in the TMI category; it makes children wonder if their parents will stop loving them one day.
  • Don’t be negative or blaming of the other parent. This can be very HARD sometimes, but it is simply in the best interest of the children for each parent to support the other whenever possible in front of the children. I’m seeing a lot of parental alienation lately, with parents turning children against the other parent. It’s a very disturbing trend and is sure to lead to conflict escalation.
  • Don’t ask the kids to choose a parent to believe, love, or live with. That’s a terrible position to put them in, and far too much power for a child to manage. Children need to feel free to love all the people who support them, whether you like them. In general, adults should make decisions about where children live.
  • Don’t assume that they’re fine. If they don’t say a lot, ask them what they’re wondering about and feeling. Remember to practice your skills in active listening.
 The DO’s…
  • Do tell them together if possible, in a caring, supportive way.
  • Do tell them only when there will actually be changes that they will see. Young children who don’t have a sense of time will be confused if you say Mommy’s leaving and then she doesn’t. Tell them when you have information about what changes will be happening and when.
  • Do tell them that it’s about Mommy and Daddy (or Daddy and Daddy, or Mommy and Mommy, of course), not about them. “Sometimes parents decide not to live in the same house anymore.  But we will both always be here for you.”
  • Do answer their questions. In general, kids only ask questions they’re ready to hear the answers to. But be careful not to give negative information about the other parent (read the blog: don’t let fights go bad).
  • Do help them explore what will be different or the same, what friend’s have had parents separate, and what they think they will need in order to make it as smooth a transition as possible. This can empower them to get what they need to manage in the difficult time ahead.
  • Do minimize the number of changes in the child’s life. Splitting a family is one thing; moving schools or neighbourhoods is additional stress.
  • Do watch the children closely for signs of stress (change in temperament, school struggles, shutting down or aggression) and seek professional advice if you need it.

Conclusion about Talking to Kids about Separation & Divorce

I believe that having children together is a good reason to work hard at a marriage, and I also believe in the right we all have to decide who we are married to. Read all about when to divorce, separate and mediate, or to try therapy. I believe that, more than needing parents to be together in the same home, children mostly need parents to be happy and mutually supportive. You have the power to give your children those gifts (be sure to read our blog on confidence and conflict resolution). These are just some ways to help children cope with divorce.

Coping with Divorce - Helping children cope with divorce

Lynda Martens is the Wabisabi Therapist and a contributor to the Mediateto Go Blog. Please read her other contributions by searching on this page for Lynda Martens.


Sunday, August 9, 2015

Safety Update: Safe practice for mediators and conflict coaches

Boundaries: Safe practice for mediators and conflict coaches

This blog addresses safety, including: mediation and domestic violence, safety in court ordered mediation, safety in child custody mediation, mediation and family abuse and those with a history of spousal abuse. Note that this blog may also apply to family lawyers, legal aid lawyers, facilitators and restorative justice practitioners.
Mediate to Go: Boundaries: Safe practice for mediators and conflict coaches

Introduction to safe practice


Regardless of the jurisdiction we work in, the risk of violence against mediators and conflict coaches is real. Some environments pose greater risk than others. Nevertheless, it’s time to take stock of our management of risk.

Violence in mediation and conflict coaching


Violence comes in a variety of forms and severity and sometimes so swiftly our next response can make a significant difference to our safety and those around us. If you want to learn more from a client’s perspective, read about destructive relationships.



Whilst we know that risk cannot be completely eliminated, we can fall into a trap of not planning for the inevitable. So if we accept that it is only when, not if, we will fall victim to a violent assault at the hands of a client, now becomes a good time to rethink our safety.

Mediation and coaching - a balance of safety and trust


Our work is a tricky balance of safety and trust.We work hard to empathize and build a strong professional relationship of trust with the people we serve. Here are some tips for you to consider. They are not golden rules, merely things to consider as you continually evaluate situations. The risk of developing hard-fast rules about safety is that we become complacent in a bubble of safety, and forget to be ready to react as the environment changes! We emphasize the importance of setting boundaries for our clients, but this blog is about the safety of us as coaches and mediators.


Mediate to Go: Boundaries: Safe practice for mediators and conflict coaches

What situations can pose the greatest risk? (Danger of the unknown)


  • Clients who have already demonstrated the use of violence to gain power in a dispute may turn their technique of control on the practitioner. For example, if there is already a restraining order in place against a party.
  • An already agitated and angry client mistakenly assesses your reality testing as a threat, resulting in an escalation of poor behaviour.
  • A client with a worsening undiagnosed mental illness lashes out at the other party or practitioner.
  • Our desire to work toward positive outcomes may provoke us to work outside the boundaries that normally ensure our safety.
  • Field appointments to environments not fully assessed for safety may place the practitioner in danger.
  • Constant exposure to highly charged situations, environments and personalities may make us less sensitive to our ability to assess safety and react to the normal fight or flight mechanism.

These simple tips can keep you from harm.


  1. Client assessment - using your intuition and experience, or maybe a more comprehensive assessment from a psychologist or MD is required.
  2. Healthy physical environments*.
  3. Rooms with escape doors into a secure area (or safe room)
  4. Peep holes so colleagues in the secure area can check on you. (and interrupt if necessary- see escape plan below)
  5. Glass (obscured / frosted) strengthened walls in meeting rooms ensure some added visibility whilst maintain privacy.
  6. Furniture that is so light that it could not make a good weapon, or so heavy (or connected to the floor) so it could not be used as a weapon.
  7. Exclude unnecessary furniture and nic-nacs (Those flowers look lovely but that vase might hurt you!)
  8. Use plastic cups and stationery water coolers for refreshments.
  9. Design a seating plan so that you can have free access to the escape door.
  10. Install alarm systems that warn your colleagues that there is a problem.
  11. Employ static guards to be in the room.
  12. Be sure that a loved one is aware of where you are when working
  13. Never visit people in environments in which you have no control.
  14. When you must work ‘in the field’ ensure that you work in pairs
  15. When you work in the field utilise GPS / emergency call systems. 

These provisions might seem a trifle over the top in many situations. They are included as the ultimate in risk mitigation technique. Remember, if they seem impractical or too expensive to employ, your job is to do enough to ensure you are safe.

Conflict escalation and safety


Deal with escalations. Remain calm and de-escalate the emotion by building empathy – asking open questions to gather any new information. Remain respectful and be prepared to place limits on the other persons behaviour (“I’m sure we can begin to sort this. First, please take your seat and tell me about….” And “It’s ok to talk about this, so let’s do that about it without raising our voice”. (also, “I’m happy to continue discussing things, so long as you put the knife on the table”)



Read more about de-escalation in the helping profession. Also read about the science behind why some people demonstrate unhelpful behaviour at times of high emotion.

Remember these last tips about coach and mediator safety.


  • Escape plan – practice it, review it, amend it, including if you have colleagues working with you, pre-arrange interruptions.
  • Post incident process so that you learn from it so you can avoid it in the future.
  • Have people around – what if you work alone? – Don’t work alone at night.
  • Be consistent. Ensure your security provisions are the same for every client. Your clients deserve a no surprises approach to such things as static guards, the use of lockers for personal effects, seating plans.
  • Self-defence – Best choice is to escape (run like the wind). If not, can you defend yourself from a violent attack?
  • First aid – if someone is hurt, make sure you can render assistance and treat wounds.
  • Don’t let ANY of the above give you a false sense of security! Remain vigilant.

Why is it important to get this right?


Self-preservation is a great motivator. Not convinced? Then consider,

  • Income preservation – getting hurt or worse can affect your ability to earn an income.
  • Practice continuity – a violent incident is going to interrupt services to your other clients.
  • Valuable professional reputation – being unable to manage safety can have a detrimental effect on how others view your work.
  • Safety of other clients and colleagues – if you get it wrong, they can be consequences for others.

Tuesday, May 5, 2015

Setting the mood... in the mediation room


Setting the mood... in the mediation room - Understanding tone in conflict resolution.


Words cannot express quite a lot of feelings, whereas a noise or tone or drone or sound, an accordion falling down a staircase, can somehow capture an emotion much better.
John Lydon 

Introduction - All about the bass


Just like “Tone is everything in TV” (Ryan Murphy), tone is everything in conflict coaching, mediation and facilitation. Mediators and parties in conflict need to be aware of their emotions during mediation. Without emotional self-awareness, parties may inadvertently become even more upset in a process as a result of the emotions of someone else. Worse, is that a mediator, coach or facilitator might mimic a parties emotions without realizing it, reinforcing negative interactions and conflict escalation and allowing the parties to challenge their boundaries. Setting the tone in mediation impacts the parties, the mediator and can make or break a high-quality mediation process. Indeed, it's all about the bass.



Theory - setting the mood in mediation: 

Managing boundaries to impact the tone


Emotional contagion theory posits that the emotional state of someone can impact others around them.[i] This means that the sad feelings of a party in mediation might lead to feelings of sadness in another, even if the other person had already managed those emotions. Fortunately, a positive and hopeful attitude toward the situation, or a feeling of calm might infect others. Have you heard someone with infectious laughter? This might be an example of a more positive emotional contagion. 

The same theory also applies to the mediator, whose emotional tone might be used to influence parties in a positive way, or unintentionally in a negative way, reinforcing destructive conflict. If the mediator is unaware of this impact, they might also come across with a more heavy emotional demeanor, diminishing the likelihood of a more future-focused and hopeful attitude and tone. This is an example of poor maintenance of boundaries.

Changing how we communicate to impact the tone in mediation


We often refuse to accept an idea merely because the tone of voice in which it has been expressed is unsympathetic to us.
Friedrich Nietzsche

Communications accommodation theory posits that people subconsciously meet the patterns of others around them.[ii] This can be used  as a tool for mediators, coaches and facilitators to help in the resolution of a conflict. Say a divorce mediator models positive communication that encourages conflict resolution, the parties might be aided in fixing their relationship. The same goes for helping parties feel comfortable:

“If a disputant has a slow rate of speech or uses dramatic gestures, the mediator might regulate his or her own rate of speech or size of gesture to be similar to the disputant – creating feelings of kinship and comfort for the disputant.”[iii]

Unfortunately, if a mediator lacks self-awareness, this can have a negative impact on parties. In divorce mediation, if the mediator becomes agitated by one of the parties, they might unintentionally start to communicate more abruptly. This can serve to further escalate a difficult situation. In workplace mediation, rushed communication with parties might only increase their feelings of stress and discomfort, making conflict resolution more challenging.




In communications accommodation theory, there are 3 common patterns in someone’s communication behaviour, which include;

Convergence: 

Convergence occurs when someone adapts to another person's communication behaviours, such as mimicking eye contact, tone, pace of speaking and more.[iv] Convergence can be both positive or negative. If it is perceived as genuine behaviour, then it might be thought of a positive.[v] As mentioned above, convergence can be negative if it leads to conflict escalation.

Divergence:


The tone did take on a negativity that I didn't like and when you make the decision to go the other way as we did it very directly had an impact, you can see it with the tracking.
Scott McCallum
Divergence “occurs when communicators purposefully accentuate a difference in communication patterns in an effort to separate their own identity.”[vi] Sometimes divergence is used purposefully to increase someone's power in relation to someone else. Mediators might do this unintentionally when they use jargon with clients who have no training in conflict resolution.[vii]  Parties might also use divergent communication with each other in a mediation session, in order to gain power over the other. This happens in destructive relationships.

Overaccommodation: 

Overaccommodation takes place when someone overcompensates or overadapts to another person's communication style. You’ve seen this in movies when someone speaks in an exaggeratedly slow and loud tone, and the other responds with frustration as they would have heard the message clearly. Overacommocation can be perceived as insulting, and might lead to conflict escalation. This might be common in divorce mediation cases, where parties may use overaccomodation to trigger one another.

Using listening to improve the tone 

Tone is often the most important part of a conversation - and listening is so much more important than what you say.
Hoda Kotb

When I spoke, I was listened to; and I was at a loss to know how I had so easily acquired the art of commanding attention, and giving the tone to the conversation.
Adelbert von Chamisso

Be sure to visit our blog that describes active listening for more information on this critical aspect of improving the tone.

Using music and songs about conflict to improve the tone


As goofy as it sounds, I try to sing in the morning. It's hard both to sing and to maintain a grouchy mood, and it sets a happy tone for everyone - particularly in my case, because I'm tone deaf, and my audience finds my singing a source of great hilarity.
Gretchen Rubin

We are not telling you that you should play music during mediation. This can be distracting to the parties. However, music during breaks in the mediation might help parties relax – breaking the tension. Ask each party their favourite artist, and then play each of their favourite songs during a break. Be sure to check out our top 10 conflict songs in 2014 for some ideas of songs related to conflict.

Creating a supportive environment to improve the tone


The higher the moral tone, the more suspect the speaker.
Mason Cooley 
Mediators must manage the environment to reduce conflict escalation and improve the likelihood of conflict resolution. Here are some things to look out for, and things to encourage in a conflict coaching, mediation or facilitation session:

  • Be accepting of parties in all of their diversity, avoid judgement and be patient
  • Help each person express their ideas with confidence
  • Take self-leadership, rather than avoiding accountability
  • State your needs when confronting others, rather than speaking in generalizations
  • Avoid passive aggressive and aggressive behaviour
  • Show interest in ideas shared by other parties, even if they might not be feasible
  • Using active listening to help each person feel supported and heard
  • Help parties manage their anger effectively during mediation
  • Encouraging parties to take small steps to build trust

Using your opening statement to improve the tone 

If you don't set the tone for the day, the devil will set it for you.
Joel Osteen

In addition to the other important aspects of an opening statement, mediators should start their session with a positive, hopeful and forward-looking statement. They should coach parties to develop a similarly positive opening statement before the session. An opening statement that comes across as genuine, and is convergent with the other party’s identity, can help lead to conflict resolution

Conclusion


We are not won by arguments that we can analyze, but by tone and temper; by the manner, which is the man himself.
Louis D. Brandeis

In the field of conflict resolution, tone is everything. As they say in film, “All you can really do as director is sort of set a tone.” (Adam McKay). The same goes for coaches, mediators and facilitators. Mediators must ensure that they avoid emotional contagions, and that parties are not ‘infected’ by someone's negative emotional reactions, as these may lead to destructive conflict escalation

To effectively resolve conflict, mediators and parties must modify the way they communicate, so that parties mimic the communication patterns of each other, without making them feel uncomfortable or insulting one another. A mediator can also positively impact the tone by modeling healthy communication, facilitating a supportive environment and drafting (and helping parties draft) effective opening statements. With the right tone, parties can be inspired to listen to one another and find ways to resolve their conflicts.



[i] Essential Skills for Mediators, page 37 citing Hatfield, Cacioppo, and Rapson (1993).

[ii] Essential Skills for Mediators, page 37

[iii] Essential Skills for Mediators, page 37.

[iv] Essential Skills for Mediators, page 37.

[v] Essential Skills for Mediators, page 37 citing West & Turner, 2000. Introducing communication theory: Analysis and application. New York: McGraw Hill.)

[vi] Essential Skills for Mediators, page 37.


[vii] Essential Skills for Mediators, page 37.

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