|
Recent Posts in Peacemaking Category
| May 10, 2012 |
| "Growing Through Divorce" Support Group Begins In June, 2012! |
| Posted By Bev Jewell |
 |
Palm Springs Divorce Recovery Group Begins June, 2012
Marriage Counselor/Divorce Coach, Bev Jewell, is offering another 6 week "Growing Through Divorce™" support group beginning the first week of June. This opportunity is ideal for people who are recently separated, stuck within the divorce process, or who are coping with the aftermath of relationship end months or even years following your breakup.
As you well know, divorce is a crisis that dramatically alters the foundations of a person's life. "Growing Through Divorce™" helps to create a sense of security, community, support and personal growth so people can get through this stage of confusion and grief and start to productively build their new life. Sharing this experience with others who are similarly situated has immense power and benefits.
The group's focus includes moving through the emotional stages of the divorce process in order to reintegrate and rebalance ourselves;. These stages often involve denial that the divorce is really happening, questioning (bargaining) if one could have done more to prevent the divorce, becoming unstuck in patterns of blame/anger at "the other" for "doing this to them". These emotions, as well as the deep sense of loss, have to be addressed and dealt with before forgiveness and acceptance can be approximated or achieved. It is also important to understand the roles that partners played in the marriage, the lessons that can be learned, and to feel gratitude for what was good and wonderful, when it was. Without this healing process people often rebound into another relationship, carrying their previous baggage with them, or transfer their distress to their children or others.
Each group is limited to a maximum of 8 people, in order to create a more personal and intimate dialogue and experience. The workshop is six weeks long. Each session is 90 minutes, The cost is $25 a week per person, and is intended to be affordable.
If this process sounds like it might have value for you, please call Bev Jewell at 760-699-7027 for more information and to reserve your spot in the group!
Related Websites: www.growingthroughdivorce.com,
www.desertdivorcesolutions.com and
www.essentialfocus.com
Please note: This workshop takes place at the Palm Springs offices of Desert Family Mediation Services, but is not in any way sponsored by DFMS. |
 |
| Continue reading ""Growing Through Divorce" Support Group Begins In June, 2012!" » |
|
Permalink |
| |
| February 11, 2012 |
| Announcing WEBSITE DESIGN and SEO For Mediators By Thurman Arnold |
| Posted By Thurman W. Arnold, III |
 |
Website Design, Development and Optimization for
Divorce and Family Law Mediation
This blog article is written for anyone who is a mediator, or who is beginning to seriously consider making the commitment to establishing a mediation practice within their community. In order to be successful, you need to be visible to the public you would serve. However, for most legal professionals how to accomplish that visibility on the Web is a deep mystery.
I believe so passionately in mediation as a highly productive, relatively inexpensive, and richly satisfying alternative to family court litigation that I want to do everything within my sphere of influence to popularize it, including helping other lawyer-mediators and nonlawyer mediators to establish and develop their own dispute resolution practices. The internet is an incredible tool for reaching out to legal consumers and educating them about the availability and benefits of this option. It is an excellent setting for showcasing our own mediation philosophies and styles. Those of us who love to mediate because of the positive differences it makes in people's lives - and in our own professional practices to the extent that we divorce attorneys become an active part of the solution, rather than problem generators - have the opportunity and possibly even the responsibility to do everything we can to have an on-line conversation with disputants about the economic and emotional perils of adversary litigation. Mediator websites are a powerful platform from which to begin that dialogue. Not only do our on-line identities represent an ethical vehicle for attracting business and so earning a living, they are tools for change in how society, and people at the end of relationship in particular, make choices about what we value. If we value relationship warfare, that is what we will experience together with all the harm it causes ourselves and others. If people recognize that it is natural to be conflicted and reactive when the emotional and economic relationship implodes, but that it is possible to manage those feelings and to choose not to let them rule our lives, then another world of choices and outcomes opens up. The goal of dissolution related mediation is to alleviate human suffering, one couple at a time.
For these reasons I've decided to offer my services to legal and mental health professionals who wish to develop a sophisticated on-line presence in the field of divorce and family law mediation. After having invested hundreds and hundreds of hours developing my own sites, and sites for others (including two nationally recognized mediation trainers), I have gained a powerful intimacy with how Google and other search engines operate. I want to apply that expertise to your advantage. I can assist you with website design, in choosing and negotiating with the right website design company (for instance, Scorpion Designs), with important feedback concerning whether to incur costs with website developers like Findlaw.com and Mediate.com, and with search engine optimization techniques and content writing. My websites speak for themselves (please feel free to browse the links at the bottom of this page, and www.LosAngelesFamilyMediationServices.com). And they speak to potential mediation clients 24/7.
If you wish to know more about the types of services I can offer you, and the reasons why utilizing these services will have a far higher impact on your customer base and the success of your mediation practices, please visit me at www.FamilyLawSEOSpecialists.com.
Thurman Arnold, III
Mediation Website Design and Optimization
Email:
twarnold@verizon.net
|
 |
| Continue reading "Announcing WEBSITE DESIGN and SEO For Mediators By Thurman Arnold" » |
|
Permalink | Comments(0) |
| |
| October 10, 2011 |
| MEDIATION Is the Sane Alternative - But Only If You Value Your FAMILY And Your Money! |
| Posted By Thurman W. Arnold, III, Family Law Mediator |
 |
DFMS Is Now (Almost) 18 Months Old!
I want to compliment and honor those of you who have seen the terrible destruction and waste that is characteristic of family court litigation, and who have been inspired by this insight to inquire about and undertake mediation with DFMS - or who have been encouraged within your locale to find peacemakers, rather than legal warriors to battle senselessly over unresolved issues relating to your marriages and domestic partnerships. Whether you retain DFMS or any other mediation firm to help you through these traumatic relational times, by opening yourself to mediated outcomes in divorce and family law conflict you become pioneers in entertaining the possibility that there is an alternative to the tone of warfare and acting-out that seems to distract and entertain a large part of our popular culture - personified by the talking heads on so much television and by our national politicians.
I have been practising law now since 1982. I have met and worked with so many unhappy individuals and couples over these long years, and owe to them some humble financial success - but I am here to suggest to you that it is possible to "STOP" and not to line the pockets of aggressive attorneys at the expense of yourself and your families. Truth be told, I bill large numbers in my litigated cases - especially those involving high conflict or significant property and support matters - but I would trade it all for helping you in designing your own destiny. I have written so much about this subject that I don't mean to bore you with repetition, yet I want to congratulate and reinforce those of you who are dissatisfied with the default adversarial system and whom are willing to investigate beyond the obvious, simplistic reactivity of thinking that tearing your former partner's heart out will somehow serve your own interests. It just isn't true.
I write this Blog tonight to honor a couple who successfully completed a complicated mediation today after about two months of mediated sessions (less than 12 hours overall). They showed such great dignity and fairness, while necessarily needing to contain and respond to their respective fears and concerns about finances and how they could move forward in this new world of single and not dual incomes, that I was almost stunned at how easy mediation can be for some. One member of this former couple had interviewed a storm trooper of a local attorney, and she recognized immediately (as she told me) that that attorney's agenda sounded hollow and self-serving and that the red flags had flared. This person chose differently, but most importantly she made a choice. Few do.
I will tell you a secret. By far the majority of divorce and family law attorneys depend upon your trance and hurt in order to earn their living. A disappointing many of them will lie, misrepresent, conceal, and vilify in order to serve their conflict agenda and to perpetuate this struggle. Certainly there are many parties to litigation who need this kind of ... "representation." The old ways won't die soon. It takes two willing parties to mediate relationship disputes. I will not make friends among by brothers and sisters in the law in making this bold statement - which is indeed an accusation (and an invitation) - and you already know it is true.
But this is the thing - lawyers can take some of your money, or they (we) can take all of it. I urge you to "wake up" instead. Save your famlies, save yourselves, and save your wallets and pocketbook and direct your own future rather than giving it over to strangers.
DFMS is now almost 18 months' old, and was the brain child of retired Riverside County Commissioner Gretchen W. Taylor and attorney-mediator Thurman W. Arnold, III, CFLS. DFMS is based in Palm Springs, but serves parties located within a 100 mile radius of the desert cities. In June, 2011, we launched Los Angeles Family Mediation Services with a tony team of seriously experienced and dedicated legal, mental health, and accounting professionals.
There is no other mediation team in the desert that has undertaken any training whatever in assisting family law litigants to avoid a government sponsored solution to relationship conflict. Our family law judges are overworked, underpaid, and pissed off. If you think that justice will be served by squaring off, you are likely going to be unpleasantly surprised. With the burdens imposed by the Elkins changes in the law, corners are being cut to the point that court divorce is a crapshoot. Good judges want you to mediate your disputes elsewhere.
But, sadly, I know that this crapshoot will not go away any time soon. I admit that anger, resentment, punishment and conflict are a disease that DFMS cannot cure. And for those folks I will ethically protect their interests to the best of my ability as a litigating attorney. But DFMS is resonating in our Coachella Valley, and a steady flow of awakened individuals are heading our way - we receive more emails and calls each and every week than before.
We offer free Orientations to outline for you and your spouse or domestic partner the landscape that you are entering. We offer premiere legal wisdom and an experience borne of many years' experience and of dealing with thousands of couples, as an antidote to the frustration and expense of lawyers and judges and the courts.
Why not consider a mediated outcome? You may not enrich the family law attorneys, but you will enrich your own lives. And, at DFMS, that is all that matters.
Thurman W. Arnold, III, Certified Family Law Specialist and Family Law Mediator
|
 |
| Continue reading "MEDIATION Is the Sane Alternative - But Only If You Value Your FAMILY And Your Money!" » |
|
Permalink | Comments(0) |
| |
| March 27, 2011 |
| Announcing LOS ANGELES FAMILY MEDIATION SERVICES in Beverly Hills, California |
| Posted By Los Angeles Family Mediation Services |
 |
Los Angeles Family Mediation Services
310-948-6408The DFMS Team is pleased to announce that we are launching Los Angeles Family Mediation Services (LAFMS) from our offices at 9400 Brighton Way, Suite 207, Beverly Hills, California, 90210, effective June 1, 2011.
Specializing in divorce and family law collaborative mediation, the LAFMS members consist of a retired Los Angeles family law judge, a psychologist, two certified family law specialists, and two M.F.T.'s and mental health professionals. Added together the experience of our Team exceeds 100 years of legal and mental health expertise and wisdom, accumulated in the trenches of family law, custody, and relationship conflict.
Our goal is to provide a complementary, interdisciplinary, and cost-effective resource for assisting families to move forward in constructive ways when marriages and domestic partnerships dissolve in all the cities neighboring downtown Los Angeles.
Our LAFMS website went on-line on May 26, 2011. Please visit us there if you live in the cities surrounding Los Angeles.
We want you to know that we are deeply passionate and eager to help people who would like to avoid the destruction that until very recently all soon-to-be former partners assumed was their rite of passage at relationship end, something that just isn't true. We believe that instead separating couples and partners have other positive and creative choices available to them that may serve not only the domestic disputants themselves, but also their children, their parents and siblings, and every one else with whom they come into contact.
We make a difference in people's lives, and we have a secret to share - You don't have to have an insane dissolution or other familial dispute. There exists fertile middle ground if you care to dig a bit deeper. Allow us to point the way!
The LAFMS Team is comprised of:
*Let us help get you out of this mess, intact!

Los Angeles Family Law Mediation Services |
 |
| Continue reading "Announcing LOS ANGELES FAMILY MEDIATION SERVICES in Beverly Hills, California" » |
|
Permalink | Comments(0) |
| |
| March 14, 2011 |
| DFMS Mediator KAREN HORWITZ Completes IACP Training! |
| Posted By Karen Hortwitz, M.F.T. |
 |
I recently attended The International Academy of Collaborative Professionals institute for training collaborative professionals in Phoeniz, Arizona. It was truly inspiring, and I appreciated the opportunity to join with a community of like-minded professionals who share a heartfelt desire to make the dissolution experience healthier and less destructive for children and adults.
As the mental health component assisting in a traditional full-team collaborative case, or as one of two dissolution coaches in a collaborative mediation (or as a co-mediator), my training, experience, and perspectives adds immense value to the team approach for resolving marital conflict. I provide useful tools for a mindful negotiation that focuses not only the best interest of your child, but also the best interests of each party as they move forward into a scary yet exciting new phase of their lives. One area where this is accomplished is in assisting clients to manage their intense emotions and reactivity, responses that are quite natural, in ways that encourage them to communicate and negotiate constructively. This in turn promotes achieving emotional closure.
An important piece of gaining emotional understanding of one's experience during this difficult time is to respect what is happening in the brain. Divorce is felt as an intense crisis and trauma. This sets off the fight or flight reaction, which makes it difficult for the two sides of the brain to work together. Speaking generally the left side of our brains house logic, thinking and objectivity. The right side houses emotion and subjectivity. When our nervous systems go offline due to crisis, trauma, or emotional intensity, the two sides of the brain are unable to communicate and integrate with one another. This can cause a break down of constructive, healthy communication.
Healthy communication includes verbalizing one's experience and needs in a mindful, non-attacking manner, while also being receptive to listening authentically. Not listening or feeling heard is a hallmark of communication gone awry. A mental health coach or a mental health co-mediator facilitates their client moving from this mode into an emotionally safe place. Reducing anxiety is a key to finding solutions. Yet many people think that they must suppress or ignore that tension because it is too uncomfortable to sit with, or they may feel that it is now time to speak out and tell the other partner all the blames that have been percolating as a means to retaking the individuality and dignity that seems to have become lost. While either response is reasonable given what is being experienced, it takes awareness to balance them in ways that can positively impact the road out of emotional turbulence.
At the close of the IACP training we were asked to write a mission statement as a collaborative professional. I wrote "I want to help keep families together as couples part ways." It is possible to maintain the "family" even as it seems to be disintegrating but it is hard to imagine this because we believe that unless the family is 'intact' it is not family. Research has shown that children whose parents divorce, but are able to have an amicable working relationship as a team for their kids, do just as well in the long term as those children whose parents stay together - this is remarkable to me because of the hope that it offers. Families can remain positively connected ever after the legal end of the relationship.
None of us wants a divorce, but divorce happens. Committing to work collaboratively with your spouse or domestic partner is an enlightened approach to resolving conflict, and it is effective for managing the stress of divorce so that it does not get absorbed by kids. This management of stress and conflict is also of immense importance for those without children, and your wellbeing deserves the same attention whether you are a parent or not.
You have alternatives to self-destructing in the throes of your relationship breakup, and I very much want to help you see and use them. These options aren't always apparent to the brain when all one can think about is survival, and your body and mind is reacting and trying to cope with this crisis. I want to help point this out to you, and to show you ways to de-escalate not only the tone of the interactions with your partner but also the stress on your emotional and financial systems. I am not acting as a therapist in that role, but as a facilitator. I don't ever tell you what you should do, but I can offer a resource for helping you to reframe what is happening in ways that may allow the brain to gain the perspective that we all tend to lack in the midst of great emotional challenges, when we are commonly otherwise listening to the repetitive mental tapes of our worries and so become driven by them.
Whether as part of a collaborative team, or as one of two divorce coaches assisting with a collaborative mediation, efficient use of mental health professionals can move individuals and couples beyond toxicity and pain in preparation for a healthy new chapter in their lives. It is an honor for me to have this opportunity. I hope it is something you care to consider.
Karen Horwitz, M.A., M.F.T. DFMS Co-Mediator and Collaborative Professional
Karen Horwitz has a home in Palm Springs and her private therapeutic practice is located in Torrance. She is available to serve as a co-mediator or collaborative coach in the Coachella Valley and within the greater Los Angeles area. |
 |
| Continue reading "DFMS Mediator KAREN HORWITZ Completes IACP Training!" » |
|
Permalink | Comments(0) |
| |
| February 03, 2011 |
| How Might We Work With STRONGLY FELT EMOTIONS That Surface During Mediation? |
| Posted By Desert Family Mediation Services |
 |
|
As is to be expected, people in the midst of relationship transition are experiencing a deep range of emotions that include varying levels of personal distress. For some these are manageable when mediation commences, but they may become inflamed by something that is said or felt during the process. For others anger or hurt is always evident as an 'elephant in the room'. Given sufficient provocation and intensity these dynamics can surface and threaten to derail the mediation.
This is particularly true when participants engage in persistent back and forth accusations and recrimination during the sessions. We encounter this with many families to greater or lesser extents, and we hear of it as back stories that erupt as arguments that the parties later report. This is all quite natural - family law cases are underpinned by powerful feelings about any number of subjects, each containing sharp hooks where people can find themselves caught and polarized in an instant.
Similarly, when strong emotions are used to justify and link to self-serving concepts of 'fairness entitlements' or to purely 'legal rights', threads that might lead to potential mutual interests and joint benefit win-win situations seem to fray or become knotted. Parties may begin to lose hope.
The impulse can be to end mediation, believing that Family Court is now the only way to end the dance. This may or may not be true for your matter. Mediation does require that both parties be willing to work together at pivotal junctures, and one party alone cannot do all the heavy lifting. But we hope that you not resort to litigation just because passions repeatedly challenge you (and the mediator) - after all, this tension may have been one reason you decided to mediate in the first place and is not news. Years working with families within the adversary system have demonstrated for us that people suffer immensely by adopting that course. Moreover, we have found that stubborn patience pays dividends and that cases that seemed impossible have ended well. When confronted during mediation by the other person's deep anger or you own, we urge you to stay the course.
By looking at what underlies intense negative feelings we all can be helped to better understand how resentment ripens into judgments that interrupt or render impossible the openness required for crafting workable resolutions. It is possible to "out" these judgments in ways that help to diminish the otherwise co-optive power they can assume over wise and sensitive decision-making.
We acknowledge that this can be a daunting task. The idea of investigating the reasons why we feel and what (pain?) we feel can be really frightening. It can sound like a replay of what is bringing the relationship to an end, of which you've had enough. It could also become another place to swirl and twist, and so it requires that the subject be approached with earnestness and integrity. For this is the rub: If parties to mediation remain fixed within an overriding anger, or the hurt that underwrites it, they are not likely to move on with their lives (or to achieve a settlement) in any satisfactory or healthy way. Each party's willingness to investigate what is transpiring a little more deeply may be a key that unlocks the door to an improved level of freedom for both. Together we can try to work through to it.
Partly because of these recognitions, DFMS mediators Thurman Arnold and Retired Judge Gretchen Taylor spent the past six days training with a small and passionate group of professional mediators under the supervision of Gary F. Friedman, Jack Himmelstein, and Norman Fischer. These gentlemen comprise the "The Center for Understanding in Conflict & The Center for Mediation in Law", based in Mill Valley and New York City. Gary is a peacemaking trainer, lawyer, and mediator based in Northern California. Jack is a conflict theorist and former law professor at the Columbia University Law School and lives in New York.
Norman is an author and former Zen abbot who teaches mindfulness practices. This group is developing useful techniques for becoming unstuck when strong emotions threaten to overwhelm the parties' mediation.
Of particular focus was the high conflict divorce, and how it challenges mediators too. The parties' emotions can strike chords within us, and so our goal in undertaking this training is to better connect in an authentic way with our mediation participants and their experiences, and ourselves. We aim to improve our skillfulness in moving parties forward to successful outcomes even when cases become quite bitter, and found the workshop offered useful tools for helping maintain focus and for investigating how feelings can become destructive to the process. The parties' options and choices can be expanded and redirected in positive ways if we can sit and be present with what is distracting us.
Emotions need not be directly addressed in every mediation. Very strong negative feelings are rarely fatal to the endeavor. But if either party's experience includes dynamics that cause blockages to resolving their dispute, if permitted to do so mediators can guide the participants to better recognize what is occurring inside and between them, and so keep the process on track.
If this topic applies to your relationship transition, the three of us might benefit by openly discussing and exploring it early on.
Thurman W. Arnold, CFLS
DFMS Mediator Serving Riverside County, California
2/5/2011 |
 |
| Continue reading "How Might We Work With STRONGLY FELT EMOTIONS That Surface During Mediation?" » |
|
Permalink | Comments(0) |
| |
| December 10, 2010 |
| Mediation Is Not Appropriate For Everyone: It is a VOLUNTARY PROCESS With Boundaries |
| Posted By Thurman W. Arnold, III, CFLS |
 |
Mediation is a difficult and beautiful dance. People arrive with deeply held and heartfelt concerns, and they will continue to hold these core values no matter what occurs. It is not for the mediator or the other party to try to change these core values, and that wouldn't succeed anyway. Mediators can facilitate cooperative insights that benefit both parties mutually, but they do not impose them. Openness is the parties' joint responsibility and a journey that they must undertake together if the process is to succeed.
People also arrive with settlement expectations, and while these may relate to core values, these are not the same thing and ought not be transposed. Expectations are entirely reasonable, but expectations can make people stuck - and mediation is designed to help couples become "unstuck." Fear of some perceived adverse outcome often underlies these expectations.
While mediation is an opportunity belonging to the participants, and the mediator is present to assist in actualizing dialogues that may lead to conflict resolution, mediators have a responsibility to maintain civility, dignity, and boundaries during the process. Mediation is not "anything goes" or "I should be able to say whatever I feel is important" especially if the other party might feel extremely unsettled by such statements. Themes of blame and shame often underlie such statements, and while these must be recognized they cannot be used as cudgels. It is the mediator's goal to assist equanimity.
I attempt to make this clear in our Orientation Session. For instance, the
Mediation Agreement I ask you to sign contains the following language:
"The mediator will attempt to resolve any outstanding disputes among the parties as long as both parties make a good-faith effort to reach an agreement to both parties. Parties must be willing and able to participate in the process. The mediation agreement requires compromise, and the parties agree to attempt to be flexible and open to new possibilities for a resolution for their disputes. If the mediator, in his or her professional judgment, concludes that agreement is not possible or that continuation of the mediation process would harm or prejudice any of the participants, the mediation shall withdraw and the mediation conclude."
"Harm or prejudice" includes speech, conduct, behavior, threats of litigation, power-plays, or an insistence that the mediation process only validate one party's core beliefs or agendas where one or both parties are unwilling or unable to permit the other to have a different view. Different views are discussed and even to be encouraged, but that is not the same thing as saying "you must accept my views or else." I find that if people hang in with the process (one that they can always leave later since litigation remains available as a final resort), an unspoken attitude of "or else" may soften and dissipate as more information comes to light. The actual divorce or domestic partnership settlement usually ends of looking and feeling different that what was expected or feared.
Mediation unfolds in real time. It requires skill to manage the mediation exchange between the parties, but artistry or the passion of any mediator towards resolution won't guarantee that mediation between some conflicted spouses will succeed. At DFMS, we believe that our responsibility includes anticipating and reframing what is said in the mediation room. We may sometimes inquire as to what point is intended to be expressed. This is not to be disrespectful, but instead to protect the integrity and safety of the process itself, for each party.
Mediation disputants have to be willing to permit and even help the mediator to help them, understanding that the mediator provides no magic wand and relies upon the parties' own desire for resolution. Without a joint and separate commitment to the goals of mediation, when core values, expectations and fear collide with resolution possibilities the mediation may fail. We cannot give you guarantees. We do offer unconditional commitment to you and your family, nonetheless.
The dialogue between the parties must be one that they are both comfortable in engaging in. This is because mediation is a voluntary process. Mediation cannot occur or continue without the other's consent. It certainly doesn't force agreement.
In contrast litigation allows either party to say whatever they wish to say, at least in declaration form if not when the process is occurring in open court and Judges are sustaining objections. Mediation requires more, and patience. This is because although in litigation while one side might have a say limited by Evidence Code rules of relevancy, in mediation there are two sides that must be supported at the same instant - equally if the process is to have integrity for both. Otherwise it becomes argument.
There are times in mediation when one or both parties can't say what they might want to say, and we honor your frustration if this occurs. But mediation is not a platform for either party to launch into their unresolved sense of the relationship difficulties - that discussion is what brings you to us, and it probably hasn't worked thus far. Mediation is not therapy. The mediator's role is not to debate questions or issues with either party, but to try to provide the best environment for positive and respectful dialogue and problem solving, as well as legal expertise about family law issues. Some parties are more appropriately placed with litigating attorneys who can serve as their warriors, or in representing themselves, if that is their desire.
Adversary litigation is not our wish for you, but sometimes it is the only open course. Mediation is not for every one.
Thurman W. Arnold, CFLS
Desert Family Mediation Services Mediator |
 |
| Continue reading "Mediation Is Not Appropriate For Everyone: It is a VOLUNTARY PROCESS With Boundaries" » |
|
Permalink | Comments(0) |
| |
| November 14, 2010 |
| BENEFITS of MEDIATION Include Receiving ALL RELEVANT INFORMATION |
| Posted By Desert Family Mediation Services |
 |
In the typical experience of divorce or partnership dissolution, parties may or may not make use of legal professionals. Estimates are that over 60% of people don't hire lawyers or even consult with them to address the legal aspects of their family law matter, and in some populations that percentage is much higher. Yet, divorce is exceedingly complicated even for "experts".
Similarly, many people do not seek assistance from mental health professionals when they are ending relationships. Those that do rarely learn about parenting, co-parenting, child development, or peaceful ways to unwind interpersonal entanglements. Yet, we have little innate knowledge about such matters.
In court proceedings over-busy judges make decisions, usually without explanation. As a practical matter, those rulings are not open to question or challenge - in a way that is reminiscent of the power imbalance between parents and very young children. Unlike adult/child relationships, however, judges don't instruct the litigant about anything. There is very little about the Court experience that allows for feedback in ways that might help the parties to understand what is occurring or how to deal or cope with it. Even when parties have attorneys they rarely explain the reasoning underlying the court's decisions to their clients or the basis for their recommendations.
Where the parties have children and cannot come to custody and visitation agreements forensic therapists and psychologists may be appointed who have differing levels of training and mastery, and little time or resources, to make custody recommendations.
The ironic truth is that in family court litigation clients are always the least important and empowered persons in the proceedings. This means that for some people the experience becomes a lonely, clumsy, uninformed struggle that frequently leads to further unsatisfactory consequences.
Mediation and co-mediation offer major benefits and advantages above the customary paradigm. Mediation is first and foremost a forum for educating the parties about all relevant circumstances. It functions to provide a discussion and an exchange of information that is required to make informed decisions possible for each participant. For a person's consent to a settlement to be voluntary and intelligent, they must first be provided all relevant legal, financial, child-specific, and sometimes psychological information.
At DFMS we believe that the mediator's role includes educating parties about the legal principles that affect their dispute, without becoming fixated or stuck on projected courtroom outcomes. People can be way more creative in achieving mutually sustainable resolutions when they also consider areas of common interest, rather than merely applying legalistic formulas. We have found that people can also benefit from understanding emotional reactivity from the perspective of mental health professionals.
Our lawyer mediator Thurman W. Arnold is a Certified Family Law Specialist, a designation and achievement that required a great commitment and investment of time as well as supportive judicial and peer reviews. He has 30 years' experience.
Our retired judge Mediator Gretchen W. Taylor is not only a Certified Family Law Specialist but was a Family Court Commissioner for eleven years, first at the Indio courthouse and then at the downtown Los Angeles Family Court. She has 35 years' experience.
Our psychologist mediator Dr. Jane E. Shatz has decades of professional experience working with children in and outside of the southern California court system. She is an expert in all manner of parenting disputes and issues, and she will make the best family science wisdom, particularly as it pertains to parenting and children, comprehensible.
Our marriage and family therapist co-mediators Karen Horwitz and
David Hayes are exceptionally trained and experienced counselors, and each has the ability to explain complex issues relating to family dynamics and interactions, and to suggest concrete ways of how to modify them and so move on.
Whether you choose one mediator or a team of two interdisciplinary mediators, the most important benefit that you will derive from the mediation process, aside from resolving your dispute respectfully, efficiently and economically, is that of having been the central figures within the process. We will explain the law to you, we will ensure that the process between you and your former spouse or partner is thoroughly transparent and fair, and we will give you the tools to successfully complete mediation and to address future disputes more positively and effectively than if you continued the old patterns.
Mediation is all and only about you and your family. It educates and empowers and so leaves nothing to chance or misinformation. It only requires two willing participants to explore and engage the process.
Desert Family Mediation Services
|
 |
| Continue reading "BENEFITS of MEDIATION Include Receiving ALL RELEVANT INFORMATION" » |
|
Permalink | Comments(0) |
| |
| November 08, 2010 |
| Conflict Patterns Become HARD-WIRED. Mediation Can Help Parties to RE-WIRE. |
| Posted By Thurman Arnold, CFLS |
 |
There is a funny bit of nonfiction that has been making its rounds through internet emails. I think it illustrates a scientific basis why mediation may make sense for people who are unwinding their marriages, domestic partnerships, and other intimate relationships. It goes like this:

Do you know why railroad tracks in this country are exactly 4 feet, 8.5 inches apart? After all, this distance seems to be arbitrary number.
It is because that is the way railroad tracks were built in England, and English transplants helped design them in the United States.
But why were they fixed at this distance in England?
Because the tramways that preceded rail lines in England and Europe were designed by the same people who built the trams. They used the same tools and jigs that had previously been used for building horse drawn wagons, which had the same wheel spacing as the trams came to have.
But why this wheel spacing? Because the roads that were many hundreds of years old were fixed at that spacing, and to use any other size would have destroyed the precious wagon wheels. The roads had become deeply rutted from centuries of use.
And why were the ruts grooved at this distance? Because the roads were first built by the Romans for their legions, and in particular their war chariots. These chariots that formed the initial ruts, which everyone thereafter had to match in order to not destroy their valuable wooden wheels, were spaced at 4 feet, 8.5 inches.
Roman war chariots were made just wide enough to allow the rear ends of two horses to which the chariots were harnessed. Yes, our railroad lines today are spaced exactly to accommodate two horse's asses.
This is a wonderful metaphor. We actually wear tracks into the neural architecture of our brains by how we respond to stimuli, and after awhile it may seem impossible to break free of the ruts.
Neuroscience and brain scan imaging is developing evidence that has vast implications for the consequences of how we manage conflict, particularly in relationships that are ending.
For instance, we now know that after birth the greatest developmental spurts for the brain occur when children or 3-5 and again between 10-13 years of age. Neurons - cells and the synapses that connect them - are being grown in younger adults in exponential leaps. What impacts might a contentious divorce have upon these developing organs?
By the mid-twenties our brains contain more than four quadrillion neurons and synapses. They fire together in amazingly complex arrays. This ability of our brains to wire has made us successful since we could not have survived as a species if we could not cope with threats or meet complex biological and social needs. But a price we pay is that this hardwiring can be resistant to change, and even maladaptive. A "conditioning" develops that tends to energize and determine our thinking, emotions, attitude and behavior - particularly when we are not paying direct attention to it.
Neurons that fire together, wire together. Just as with war chariot wheels racing across the same terrain again and again, as these combinations continue to fire in repetitive ways we follow the same ground. This looks like driving a car through previously unbroken fields of wheat. If the vehicle is driven again and again over the same path, a ditch wears in. Most of us have gotten our wheels caught in a ditch - it becomes difficult to steer our way out.
Our response patterns to conflict can cause 'furrows' to form in our brains that cause us to interact in ways that can seem impossible to escape. Our reactions to conflict, or our willingness to become locked within it, is in a very real sense a habit of the brain that has developed over time. Many of us have felt quite helpless in the face of some of our reactions, during and after the fact.
Fortunately, the cells and neurons that make up our brains are not static. Even as we continue to age our brains remain highly adaptable. There is growing evidence that changing the way we habitually respond to stress or conflict can cause neurons to begin to rewire differently. This is termed "neuroplasticity". It allows a possibility for different experiences and set of outcomes than those we supposed to be our fate or the only choice. We can engage in behaviors that themselves help to develop neural pathways that offer better and happier alternatives to other more familiar ones - neurobiologists liken this to the "pruning" we all know as amateur gardeners.
I am not suggesting we take our brains to Gold's Mind Gym and sculpt them like we might our muscles,... yet. Those places don't exist today, but they will within a generation or two. I am making the point that there is a biological basis for understanding how we become conditioned in any number of ways, including how we become rooted in conflicted styles of interacting under the stress of divorce or separation.
Given the capacity of our brains to rewire, and our amazing abilities to adapt once we develop an awareness of the outlines of any challenge, like overcoming patterned behaviors, I believe that mediation and mediated processes offer family law disputants an environment for safely exploring creative new solutions to old problems. When we become willing to consider how our own reactivity tends to keep us recycling, and that sometimes our response to anxiety producing circumstances are almost unconscious, we are suddenly freed to look deeply at how we might honor and protect our own interests while honoring the views of our former partners. This is a beginning for finding the common ground that always exists, but so often seems hidden, for parties who are uncoupling. It has its practical expression in dividing property, fixing support, supporting independence, and in nurturing and sharing children.
As a family law litigator for 30 years, my experience has been that when people are assisted in developing options that are more visionary and mutual than what Courts impose, the process costs them less, they are more satisfied, they reach agreements that are lasting, and that they can positively influence those around them and especially those who depend upon them for emotional and financial support. And, they feel better and begin to view their lives more positively.
Which is a good way to support a useful rewiring of our brains.
T.W. Arnold
|
 |
| Continue reading "Conflict Patterns Become HARD-WIRED. Mediation Can Help Parties to RE-WIRE." » |
|
Permalink | Comments(0) |
| |
| November 08, 2010 |
| Preserving AUTONOMY While Supporting MUTUALITY |
| Posted By Thurman Arnold, CFLS |
 |
Is mediation the best choice for you? Will the other person in your life participate at all, or participate fairly? We can't answer those questions. We can speak to how mediation might work for you and give you some ideas why it might work well.
Certain interaction patterns - avoidance, control, accommodation - tend to perpetuate conflict. There is a hand in glove sort of relationship dynamic when a style of behavior in another person causes in us a fixed and predictable form of response. This pattern tends to be reciprocal between people, and it can be like an unspoken contract or even a dance between partners and couples that acts in invisible ways. Invisible dynamics tend to short-circuit our own best interests.
One of the goals and useful benefits of mediation is to help people to become aware of their interaction patterns. When these are not seen they are quite reflexive and habitual, which is why we can sometimes be triggered quickly and deeply into reacting. This reactivity often makes one person's interests (i.e., their 'reality') seem impossibly difficult to reconcile with our own, which leads to the sort of zero-sum thinking that is characteristic of adversarial litigation ("if she gains a point, I lose a point"). This emotional reaction naturally causes us to want to fight or flee.
There is another alternative. Parties to a conflict each have an important need to maintain and protect their autonomy. Mediation never seeks to have people disregard their own important self-interests, particularly those that are basic to functioning (whether this be in terms of self-respect or enjoying shelter and food). Mediation does seek to identify what is really important, however, since many points that people will not concede are struggled with because of the invisible patterns of reactivity, and not because they define real success or failure at the end of relationships.
Autonomy over valuable interests includes assuming responsibility for one's life, behaviors, and perspectives and honoring one's own needs.
Identifying mutuality is also a part of the mediation puzzle. Parties must be willing to consider how autonomy for two persons can be reconciled in ways that may benefit both mutually. It is almost a guarantee that this can be accomplished, but only if there is a willingness to look at the apparently opposing views more carefully than when one is just reacting from a place of patterned conflict response.
Mutuality is distinguished by each person becoming willing to respect the other, to work together collaboratively, and to honor a mutual sense of fairness. Clearly these qualities are characteristic of how parties interact at the beginning of relationships. We know they once were possible.
Mediation aims to help parties to identify on some level how the reactivity that drives their conflict works. Mediation seeks to have a discussion of where common interests lie. Supporting what is really important to each person together with engendering - or 'remembering' - a mutual respect for the experiences of the other person are important keys to exposing conflict for what it is (habitualized, addictive, unconscious), and thus moving beyond it.
True, if each party is unwilling to look beyond their initial feelings then adversary court litigation may their only route. But most people are willing to become a little less defensive, and professional mediators are trained to assist in this process. Often with surprising and positive results.
This is why at DFMS we are passionately devoted to the mediation alternative for resolving marital and domestic partnership disputes respectfully.
T.W. Arnold
|
 |
| Continue reading "Preserving AUTONOMY While Supporting MUTUALITY" » |
|
Permalink | Comments(0) |
| |
| October 30, 2010 |
| Understanding CONFLICT PATTERNS and WHY TO MEDIATE |
| Posted By Thurman Arnold |
 |
One reason why people become "stuck" is that they develop patterns of dealing with conflict, over time, with their spouses, domestic partners, employers, children, inlaws, and just about everybody else. We respond in repetitive types of ways. These can be likened to unconscious "strategies" in the sense that we rarely make a decision to employ one pattern or another. The patterns can become conditioned over time, and may become a part of how we have structured our personalities. They may or may not be the same pattern in dealing with every person, or the same pattern that will arise every time, but patterns do develop. Very often the conflict patterns of other people trigger our own in specific and even predictable ways.
If you are considering mediating your family law matter, it may be helpful for you to reflect on your conflict interaction patterns. One important reason why is that conflict patterns provide a strong argument in favor of using mediation instead of some other dispute resolution method like the Courts, violence as an extreme example, or just plain arguing or disruptive conduct (yes, each of those can be a strategy for overcoming conflict).
At DFMS we suggest that some form of peacemaking is the only approach that resolves disputes - the others just impose outcomes and call it a "result" or perhaps a "consequence."
In general terms there are three primary patterns that persons in conflict employ or express as a coping mechanism: Accommodation, Avoidance, and Control. They manifest in behaviors and speech, or the seeming absence thereof. They tend to look like this. Do any seem to fit your style of dealing with conflict more than others?
Accommodation
- Giving in
- Playing the victim
- Attempting to pacify the other
- Deference to the law
- Deference to the mediator
- Emphasis on sense of personal inadequacy
- Wanting peace at any price
- Failing to assert one's own needs
Avoidance
- Refusing to participate in mediation, litigation, or even conflict itself
- Avoidance of differences
- Indecision
- Withdrawing behaviors (refusing to engage and isolation)
- Going off on tangents
- Being overwhelmed by complexity
- Difficulties processing information
- Wanting it over at any cost
Control
- Dominating the other party or the process
- Seeing only one's own interest
- Rigid positions and outlooks
- Blaming behaviors
- Shaming behaviors
- Threatening behaviors
- Inability/unwillingness to view situations in different ways
- Acting in ingratiating ways towards the other party or the mediator
Understanding these patterns and how they play out in your life, and in struggles with others and particularly your spouse or domestic partner, is an essential first step to moving forward.
We believe that the existence of these patterns is an important reason why people should consider mediating their disputes:
- The avoider avoids, and his or her interests are not protected
- The accommodator accommodates, and so sacrifices his or her interests
- The controller controls, tramples the interests of others, and their own as well
Mediation holds the promise that these patterns, including the triggers that the cause them, can be understood and real choices can be restored that are much healthier for all concerned.
|
 |
| Continue reading "Understanding CONFLICT PATTERNS and WHY TO MEDIATE" » |
|
Permalink | Comments(0) |
| |
| October 19, 2010 |
| ABA Standards - "ENTERING MEDIATION" |
| Posted By Desert Family Mediation Services |
 |
The 2000 American Bar Association Model Standards for Mediation, and indeed the standards for all family law mediation, are based upon the principle of "informed consent." While once known as a medical term, the concept of "informed consent" in the context of emotional lives expresses that choices that are made in family law matters be made voluntarily, with knowledge of all facts important to the decision-making process, including but not limited to the law on marital and partnership dissolution.
DFMS offers mediators with extraordinary expertise and vision in the law of relationships and in the mental health sciences.
We want you to be fully informed about the nature of the mediation process, sufficient to enable you to meaningfully consent to engaging the process. This requires that we be able to "facilitate the participants' understanding of what mediation is and assess their capacity to mediate before the participants reach an agreement to mediate."
If we can't make mediation sensible to you, we cannot obtain your "informed consent" to the process and your jointly derived solutions with your "ex" are unlikely to work. This includes that we be able to explain mediation is and how it differs from other dispute resolution processes, like adversary court judgments and non-adversary processes including collaborative law.
At all times you are invited and encouraged to seek outside and independent legal and other professional advice before, during, and upon completion of mediation as seems appropriate to your comfort.
Always ask us to elaborate on anything that does not feel clear!
DFMS
|
 |
| Continue reading "ABA Standards - "ENTERING MEDIATION"" » |
|
Permalink | Comments(0) |
| |
| October 12, 2010 |
| The DFMS Team Attends Five Day Intensive Workshop |
| Posted By Desert Family Mediation Services |
 |
The entire five member DFMS team of mediators and co-mediators returned Monday, October 12, from a week of intensive mediation training in northern California through The Center of Understanding in Conflict & The Center for Mediation in Law.
Gary J. Friedman and Catherine Conner facilitated what seemed at times like countless exercises over the course of this workshop of lectures, participant interactions, and role plays and practicums. There was an exceptionally dedicated group of professionals in attendance, including one man who traveled all the way from Germany (cheers, Markus!), from the fields of law, psychology, marriage and family therapy, accounting, human resources, and post-doctoral training.
We believe that in order to serve our clients as integrated professional mediators it is essential that we train together, and that we train often. Effective mediation skills cannot be picked up casually, or acquired merely through life or professional experiences. Instead, it is essential that a practice be maintained in order to develop expertise and artfulness. We are greatful to have had the opportunty to study with Gary, who has a well deserved international reputation.
What distinguishes the Understanding-Based Model of Mediation from more traditional forms is the idea of empowerment for the participants. Some forms of mediation are highly directed by the mediator themselves, in the sense that they suggest or tell clients what the outcomes ought to be. The Understanding-Based Model holds that the deciders of people's choices might more appropriately be the people themselves, rather than strangers who presume to know what the best outcome for any couple is. Having a stranger determine what your resolution should be is not far removed from what happens in Court processes, even if such mediations are a kinder and more gentle experience than have a judge determine your future.
But saying that people should decide their own outcomes is only the point of beginning because many things interfere in practical terms with how that might come about. Most people locked in conflict - surprise! - lack the clarity to see beyond it. This is why the job of the peacemaking mediator is to facilitate recognitions that may lie beneath the surface and so otherwise may be missed, as well as to help clients to generate options that are more deeply relevant to their own lives than what any outsider could express.
We believe this model of mediation is particularly well suited to family disputes, and will tell you more about why we believe this as our Blog evolves.
T.W. Arnold
|
 |
| Continue reading "The DFMS Team Attends Five Day Intensive Workshop" » |
|
Permalink |
| |
| August 03, 2010 |
| Mediate.com Publishes New Article by Thurman W. Arnold III |
| Posted By Desert Family Mediation Services |
 |
We are pleased to announce that Mediate.com, the largest information source for all types of mediation in the country, has recently published an article by Thurman W. Arnold entitled "The Peacemaking Option for Divorce and Dissolution of Domestic Partnerships: How Family Scientists Support Interest Based Conciliation and What That Means for Separating Couples".
Excepts:
"Family scientists have gathered considerable information that suggests that peacemaking solutions to divorce and breakup might offer a brave new option for people transitioning out of relationship. Peacemaking offers a “controlled” alternative to the chaos of adversarial struggle. While peacemaking lawyers are not therapists, the process that peacemaking facilitates is itself entirely therapeutic because it allows both parties to concentrate on their felt interests and the interests of their families. It a 'controlled process,' managed by the parties themselves and orchestrated by a peacemaker."
"Adversarial divorce does have devastating consequences for children, but peacemaking divorce possibly need not have. Social scientists have learned that parents who divorce are subject to “inter-generational transmission,” an increased likelihood that divorce will happen to them too. For instance, researchers have found that parental divorce increases the chances of a daughter’s marriage ending within the first five years by as much as 70%. Incredibly, if both the husband’s and the wife’s parents have been divorced, these odds increase by 189%. This has the effect that for children’s marriages to be successful such children of divorce may need to consciously guard against behaviors that might undermine their marriages. How parents model divorce for these children has lasting implications for their children’s success in doing so. Understanding this common reality is transformative for the next generation."
At DFMS it is our goal to be leaders in the field of Mediation as applied to complex family law matters. This includes informing not only the public about alternatives to traditional litigation, but also developing interdisciplinary approaches that may be used by mediation professionals themselves. |
 |
| Continue reading "Mediate.com Publishes New Article by Thurman W. Arnold III" » |
|
Permalink | Comments(0) |
| |
| July 22, 2010 |
| What are some of the ADVANTAGES to CO-MEDIATION? |
| Posted By Desert Family Mediation Services |
 |
Q. What are some of the advantages of co-mediation? I think about filing for divorce, and I want to ensure it doesn't destroy our children. But my husband and I cannot talk anymore without yelling and screaming. He had an "affair". He says it was because we argue all the time. I think that is an excuse. I can't trust him any more, and how can I believe that he hasn't hidden other things from me, like what we own? But I have heard such terrible things about divorce court.
Elizabeth
La Quinta, Ca
A. Hi Elizabeth. I want to tell you that your upset is quite natural. This is my therapeutic answer:
Destructive interpersonal conflict occurs when healthy modes of communicating have failed, as when parties lack a sense of how to productively communicate in the first place or where they have become so antagonistic or defensive that they react first and review later. Issues of betrayal can really make it impossible to have any kind of beneficial dialogue.
The conflict that is inherent in divorce and custody contests is frequently related to distrust over how to cooperatively co-parent children.Challenges such as finance and asset division are also often topics of angry contention.
Suspicions that parties aren't being transparent or forthcoming often underlie them. When this occurs, negotiations can become problematic and heated because they become imbued with meaning and feelings beyond the scope of the topic, particularly where a person’s feelings become too big and intense for them to be able to manage and express productively.
In the mental health field we refer to this as “affect regulation,” which means that the difficulty in moderating emotions and their expressions in what is said and done can be a primary factor in impeding the resolution of high conflict disputes.
Historically, emotionally conflicted cases were managed through the court’s inherent authoritative power.Yet, solving the dispute of tangible assets without resolving the underlying negative emotions and animosity among the participants is often a half-measure that invites the perpetuation of this conflict. Increasingly, the courts and child advocates have come to realize the costs and dangers in letting these emotional conflicts persist.
Prolonged and antagonistic legal battles may provide a form of settlement or judgment that defines people's economic relationships (often coercively), but with the consequence of emotionally damaged parents and children.
That does not offer finality, but the reverse and it tends to be short-lived.
This is one of the many destructive attributes of our adversarial legal system:It treats people by reordering the external parts of their experience, and ignores what is happening inside of them.
When emotions become charged, the parts of our brain that we rely upon for clear judgment and thinking shut down and go offline. We call this the “reptile” brain.
Naturally, then, we react aggressively and intensely and with little ability to filter our thoughts, speech and behaviors.
The role of a licensed psychotherapist as a therapeutic co-mediator is to educate and support parties to learn or reclaim the ability to interact constructively – and certainly without a continuing cycle of distrust and abuse. As long as one partner behaves provocatively the other finds it hard not to respond in kind.
By focusing on emotional reactivity and a spouse’s perception of threat, loss, and hurt, we re-establish empathy to the “aggrieved” partner(s), helping each to regulate their emotions back to more manageable levels.
What a relief this can be for people who are suffering huge relational anxiety!
The meanings beneath the tangible issues being negotiated are heard and incorporated into the dialogue as we model a productive way to communicate differently about difficult earlier situations.
We map out strategies for how to handle similar situations when they unavoidably arise again in the future.
The benefits of such a model are felt and seen in a reduction in traumatic experience for children as well as the parents.
Anxiety diminishes.
Trust and sanity returns.
New opportunities arise.
Likewise, undue court time and unfortunate legal expense can be reduced. Indeed, court can be avoided almost altogether. This means you are directing your life, not some stranger to your family.
Elizabeth, the fact that you are asking these questions tells me you are on the right track. Who knows where it might lead? Perhaps in a direction of wellness, however things sort out?
David Hayes, M.A., MFT
9171 Wilshire Blvd. Suite 680
Beverly Hills, CA 90210
Office: 310.975.9024 Fax: 310-273-1010
|
 |
| Continue reading "What are some of the ADVANTAGES to CO-MEDIATION?" » |
|
Permalink | Comments(0) |
| |
|