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For Divorce and Joint Custody Issues, Think Business

Posted: 08/16/11 03:11 AM ET

It's hard to negotiate with your ex. Whatever the issue, the two of you have a history together and often know just how to push each others' emotional buttons. And when the issue has to do with the children, the ante is upped. After all, most Mamma Grizzlies and Lion Kings will fight to their death when the cubs are at risk. So before you talk to your ex about an important joint custody issue, think business.

Reframe your relationship. Instead of a dueling divorce or hostile takeover, think of a reluctant business partnership or irascible client. Whether you're battling over the kids' camp plans, the visitation schedule, or unhealthy eating habits, consider your children to be your most valuable assets and your ex as a client with whom you must work in order to keep those assets intact. As you begin your meeting, ask yourself: "If I want to land this account, how would I behave?" Then pick your battles and start with the basics.

Have a plan of action.
Just as you would map out a road trip, you need a plan before you meet your ex. This plan is like a blueprint of the communication that includes several pieces of information: (1) where and when you'll speak to your ex, (2) what you want to say and how you will say it, (3) how to disengage if things become hostile, and (4) what actions you'll take if necessary.

Make an appointment to talk.
In a business relationship you would not drop in on a client unannounced, nor should you do so with your ex. When you make an appointment with him or her to discuss an important issue, you are making a commitment to give him or her your undivided attention and requesting the same. This is an act of respect that sets the stage for problem solving. It gives both of you time to think through your positions on the given subject, to prepare your arguments logically, not emotionally, and to feel comfortable.

Find a neutral territory. It's best to choose a neutral setting--someplace outside of either of your offices or homes. Meeting in a public place ensures that the children aren't running around or listening and that things won't get too heated.

Meeting on your ex's territory puts you at a disadvantage, especially if that territory used to be your territory, too. Meeting in your old home may distract you. You might find yourself looking around to see what has changed and what hasn't. In addition, it's typical for old surroundings to trigger old patterns of behavior.

Likewise, going to your ex's office places you in an unbalanced position. It's common to consider someone sitting behind a desk as an authority figure. If your ex assumes that position, your argument or issue may be substantially weakened because of this dynamic and your feelings of discomfort could affect your level of confidence. Your ex may be emboldened and overly aggressive, as well, due to his or her familiar surroundings.

If you can't discuss something on the phone, go to a coffee shop, a museum, a department store, or a park bench, and leave plenty of time to get there so you don't feel pressured by outside responsibilities.

Know what you want. Before you start your meeting with your ex, know what result you want. Just as in business, this will keep you focused on your assets (your children) and help you achieve your desired outcome. As you would with a client, actively watch for opportunities where you can admit that your ex has a good idea. This win/win negotiating helps clients feel listened to and important. While it may be more difficult to do with your ex, it will have the same effect.

Disengage if necessary.
Most business people don't engage in a verbally abusive war with each other. Even clients who misunderstand and resist you are treated with kid gloves, especially if you want their business. If the tone of the conversation starts getting hostile, be prepared to call a halt. Saying something like, "I see that you're upset and I'm sorry this is so difficult. Perhaps if we take a break for a few minutes, we can resolve this. I need to get some water," often takes the pressure off.

Disengaging during a conversation with your ex gives you the opportunity to collect yourself and set yourself up for success. Planning an excuse beforehand can help you disengage more easily because you won't have to fumble for words. If you are on the phone, you can say, "We'll have to continue this another time, because I have a meeting in a few minutes." This ensures that your emotions don't get the best of you and helps you present yourself as efficient, calm and collected, even if you're not! Once you give your excuse to disengage, schedule another time to talk. This way, your ex won't assume you're avoiding him or her, and you will remain in the position of power.

 
 
 
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11:38 AM on 08/18/2011
What wisdom in this approach! Really nice. People can be lost when going through this kind of stuff and emotionally devastated. Their friends and family are usually taking thier side which is the "fight" approach, and it is not the best one of course. Peaceful, respectful negotiation, give and take in a friendly spirit can work wonders for the remaining years the children are children. It is hard enough already on them to have to listen to all the bad about their mother or their father from either one, so it is in their very best interest to keep it as friendly and respectful and fair as humanly possible. That will give them role models for their later lives and how to be respectful and fair with the people who enter and/or enter and leave their own lives. It can even sometimes avert violence by averting agressive threats and rudeness, and avert that as a good role model as to how the children will interact with other when they grow up. It can make them into angry or peaceful children, depending on what they see happening with their parents. I realize some folks are not capable of that, so then there are the lawyers, who cost money, but sometimes without one, there is no fair conclusion. It really depends on the people involved. I pray for peace on earth, peace in all homes.

Rev.

Laura
05:22 AM on 08/18/2011
Great article. Keep up the good work.
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RedRat
Ignorance is fixable, stupidty is forever
02:38 PM on 08/16/2011
Basically good advice and approach. However, a divorce by it very nature is highly personal it involves the dissolving of a partnership based on feelings. The best advice is respect for the other partner. Perhaps going into these negotiations is that each partner has something to offer, it is after all a business deal now. If both can go in and put the blame game aside and recognize that fault lies closer to 50-50 than all on side or the other, a reasonable conclusion can be reached.
02:38 PM on 08/16/2011
With all the space devoted to divorce on this site why would anyone ever get married in the 1st place? Marriage is so last century.
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RedRat
Ignorance is fixable, stupidty is forever
02:48 PM on 08/16/2011
Even if you do not have a formal marriage license, partnerships also come and go. Sure, go ahead an live together is a good idea, but eventually all partnership dissolve. If you are formally married, then you go to divorce court. At least a live-in partnership doesn't necessarily end up in court, although that is possible with verbal contracts and all. But even in these live-in relationships, when they do fail, the advice here is applicable. I do agree that marriage is something that should only be contemplated by those who want families and divorce is certainly the major, if not only, risk factor. Before marrying, choose wisely.
02:11 PM on 08/16/2011
I disagree mostly with every suggestion put here. A marriage is not like a business (although it shares some characteristics) and consequently it cannot be dissolved as if it is a business. We see the fallout for children from broken homes via both nasty and "amicable" divorces permeated throughout our society (i.e. prison system, educational, court system). Certain things are considered the law of the land due to a basic understanding of human nature. For instance, every doctor is required to be certified in a certain expertise to carry out a specific kind of surgery. Why, because it would only be human nature for certain individuals to take short cuts and perform surgeries without the proper training (ala certification). The same applies when it comes to custody issues (a life and death situation). It's only human nature during a divorce for each party to "get" what they can. That's why property is divided straight down the middle in most cases. However, children are not property and the way the system is set up at this time the courts on average lean towards one parent having the bulk of the time with the children (on high average the mother). There's mountains of empirical evidence showing that this has not worked out (i.e. the edu, prison statement above). Bottom line: Shared Parenting. Studies have shown it's the only option that truly allows a family to compensate for a broken family. Children need their parents presence....both parents.
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RedRat
Ignorance is fixable, stupidty is forever
02:43 PM on 08/16/2011
Well by the time you are in divorce proceedings, the marriage has pretty much failed and what is discussed here is disposition of assets. Yes, kids are assets within this framework. However, I think you are missing the point. The idea here is reduce the trauma to all parties, including kids. The idea is to get a fair deal for both parties. More than likely the mom is going to get the kids, so there are going to be costs involved for her. The future of those kids, college, etc must be agreed upon in the settlement. I think the business approach where emotion, vengeance, and blame are put on the back burner is a good idea. Hate and rancor are not good tools in this debate.
03:53 PM on 08/16/2011
No, i'm not missing any points in regards to this topic. I can ask a class of high school students how many know their Fathers or have a relationship with them and maybe half will raise their hands (not including the ones that say I don't have a Father at all). The stereotype being that the Fathers want nothing to do with their children. That may be true in some instances but certainly not nearly to the level projected in family courts. No, the idea is not to get a fair deal for both parties. The idea is for the child to get a fair deal. And, that means access to both parents despite societal norms (i.e. "More than likely the mom is going to get the kids, so there are going to be costs involved for her"). Without question the core of our societal ills breach from the dissolution of the Family unit. The family court is the major entity responsible for perpetuating this madness on us all. Children needing equal access to both parents does not change the fact that humans will do what they do. The government legislated slavery away (despite human nature) and it was the right thing to do. Imo the same has to go towards our children in regards to custody issues (despite human nature). Mad Moms and Dads notwithstanding...Shared Parenting is the answer to the large majority of our societal ills and nothing will change until it is directly addressed.
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caesarf
present
01:33 PM on 08/16/2011
There is some good advice in this, particularly points 2-3. However to me, reframing the relationship as a business deal is more of the same damaging divorce advice that maintains the breach between co parents and threatens the wellbeing of the children. Rather than thinking of the ex as an
"irascible client", begin to think of the ex as a human being. Examine the ways that the ex's best qualities can be brought to the forefront. Honor their contribution, find common ground, make the list of requirements and needs small, manageable and agreeable to each party. If this seems too difficult-if the ex's flaws still seem too insurmountable, look for the positives-does the ex love the kids? That's one, and the most important thing of all. Make concessions-do the ex a favor when he gets in a jam and cannot live up to his commitment, without expecting anything in return. The easier you make it for him, the easier you make it for him to decide to cooperate with you. Of course it is much better if both parties are cooperating-but you can't force someone to do so-and the more reliant divorced couples are on "contracts" and court orders, the more contentious it will be. Divorce and custody need not be a strictly business endeavor-in fact this seems to me a recipe for disaster.
08:33 AM on 08/16/2011
There are some mighty helpful tidbits here, and it does make sense to work under the umbrella of respect. However, sometimes the "business approach" to parenting apart is dismissive of the best tenet of good communication and conflict resolution: recognition.

We can all learn how to "get to yes" by improving our negotiation tactics, but we have to teach those parenting in separate homes to also learn and honor the other parent's values, while also incorporating the children's needs. It's a tricky balance, but going forward with the intent to have your say and disengage if it becomes hostile will never force parents to do the harder work of transforming the conflict into productive planning.

I've seen many parents react negatively to the other parent's sudden "businesslike" manner, and in the end, neither improved their long-term skills to not only feel empowered, but to honor and work within what is normal episodes of conflict under the circumstances.
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jf12
Occupying myself
08:15 AM on 08/16/2011
Are there any divorcing women who are not stridently insistent? How does the logical reasonable one negotiate at all, if all the other side has to offer is "no, no, no"?
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caesarf
present
01:35 PM on 08/16/2011
Yes. ;)