Back in May, when we were just two months into the pandemic, I contributed to a book on pandemic relationships called Living Together, Separating, Divorcing: Surviving During A Pandemic. At the time, the creators and editors of the book, Michael Lang and Peter Nicholson, wanted to do something to help families in distress. Professionals around the world who work with families contributed to the publication.
Now, here we are deep into the pandemic in early fall. Back in May, we had no idea how long the pandemic would drag on. We just coped the best that we could and hoped that schools would open again come September. Many families have been enjoying their time at home and do not miss the daily commute to work. Other families are struggling and coping with simmering tensions, illness, and unemployment. They are seeking out mediation services in an effort to resolve conflict.
I shared my contribution to the book – Five Financial Tips When You Are Facing Divorce – back in May. Now I want to share tips and words of wisdom from other contributors to the book: lawyers, therapists, mediators, and writers.
1. Carpe diem during corona virus: Your undivided attention helps your kids feel safe and secure. When talking with a child of any age, look into his or her eyes and listen closely to what your child has to say. When kids do chores, they build self-reliance skills and an empowering sense of purpose, plus you’ll feel less overworked and resentful. Family meetings can also break up interpersonal logjams and allow civil discussion of household progress and policies. Finally, try to set aside your worries and savor the opportunities for love, fun, and learning in the Time of Coronavirus. They won’t last forever. Jenifer Joy Madden
2. Five uncomplicated ways couples can turn arguments into discussions: (1) Agree in advance on a pause word or phrase to end the discussion for now; (2) Mentally distance yourself in time by picturing yourself a year from now looking back at this argument; (3) Acknowledge even when you don’t agree to show that you understand; (4) Give back the last word unless it is to show that you get your conversation partner; and (5) Replace ruminating about an argument by considering the perspective of an impartial observer who wants the best for you both. Tammy Lenski
3. Boundaries: What came so easily and naturally at the beginning of the relationship needs to be supplanted by a willful and mindful commitment to show respect by honoring boundaries. We need to remember that no matter how much we think we know our spouses and partners, it is always better to demonstrate respect by taking the trouble to ask than it will ever be to assume. Chip Rose
4. Diagnose and treat interpersonal conflict: (1) Be aware of escalating behaviors that are initial symptoms such as raised voices or refusal to discuss concerns or blaming others; (2) When those around you show stress or depression, make every effort to feel empathy for their emotional pain; (3) If resources are scarce, work with those in your family or business to float options to solve the problem rather than to complain or push others to accept your way of doing things; (4) Research and use the resources in your community to help you gain information and tools to solve your problem. If you treat conflict with the same care you would with a cough or fever, your odds of a fuller recovery when this pandemic passes will increase significantly. Forrest (Woody) Mosten
5. Change the nature of the interaction: Consider that it only takes one person to change the nature of an interaction and you have a great deal of power if you are the recipient of your partner’s frustration and anger. You can either engage or keep some semblance of calm. Fighting back has many negative ramifications as you already know, particularly for your children. So as you and your spouse are confined in the same house, consider the power you have in respectfully managing your part in the conflicts as they arise, by taking the high road and not engaging in the other’s angry outbursts. Marilyn McKnight
Thanks so much to American University Washington College of Law for the invitation! I am looking forward to talking to the alumni community about resolving disputes.
I'll be discussing the differences between litigation, arbitration, adversarial, competitive, and interest-based negotiation, mediation, and collaborative law.
I will also talk about (1) being a small business owner, (2) the focus of my mediation practice, (3) my time spent mediating court referred cases at Multi-Door Dispute Resolution in D.C. Courts, and (4) teaching two law school classes, Alternative Dispute Resolution (ADR) and Mediation at George Mason University's Antonin Scalia Law School.
I am looking forward to this webinar. Please join us on the 24th. You can register here:
“An ounce of mediation is worth a pound of arbitration and a ton of litigation!” — Joseph Grynbaum
Joel and I decided to get out of our comfort zone last January before the pandemic and reserved an RV for the first week of July. We had never driven an RV or vacationed in one and had been talking about trying the RV life for a while. Never did we imagine back in January that we had actually planned the perfect pandemic vacation. We brought all of our own bedding, kitchen items, food, and a grill, and we picked out our two sites last February. We chose three nights at an RV park located right on the beach in Cape Hatteras National Seashore, North Carolina and another three nights at an RV Park in Wilmington, North Carolina -- a seaside city we had always wanted to visit. For seven days, we were able to relax, be outside, socially distance, and not worry so much about Covid-19. Our first RV site was located right on Pamlico Sound and the sunsets were spectacular. Above are photos we took from our RV site. I actually can’t wait to do another RV adventure sometime soon.
Looking Ahead to Fall
August has arrived! The young adults and teenagers in our family are getting ready to go back to graduate school, college, and high school. We are not sure exactly what to expect. What we do know is that most, but not all, graduate school and college classes will be online while public high school students here in Arlington, Virginia will begin the school year solely online. Also, our kids will be coming home before Thanksgiving and staying home until they go back to school in mid to late January.
I am preparing to teach a seventh semester at George Mason University’s Antonin Scalia Law School. I was asked if my preference was to teach in the classroom or online. While I really enjoy teaching in the classroom, I felt more comfortable choosing the online option. I start teaching again on August 26th.
For the first time, my law students will not be able to observe live mediations in the Small Claims Division of D.C. Courts at Multi-Door Dispute Resolution as part of the experiential Alternative Dispute Resolution (ADR) class that I teach each fall. D.C. Courts has shifted toward online mediations, and the online mediation program is still so new that Court staff did not want students observing at this time. The ADR class focuses on four units -- negotiation, mediation, arbitration, and collaborative law. Students learn about these alternatives to litigation by practicing dispute resolution skills and then using these skills in various role play exercises. So instead of observing real mediations, students will observe recorded mediations that I am asking the law school to purchase from the Harvard Program on Negotiation. And their role plays will take place via Zoom rather than in the classroom.
I am also receiving a lot of calls lately from Little Falls Mediation clients who are inquiring about mediation services. I pivoted to online mediation in mid-March when all of the schools shut down. Typically, I schedule a no charge confidential phone consult with each party to a dispute so that they can ask all the questions that they have about what the mediation process looks like, what alternative dispute resolution is, how I work with clients, what is the timeline, and what costs will be. Since the pandemic began, I have mediated all of my cases online via Zoom. I learned early on that it was important to upgrade my internet capability and speed, as well as my computer, and to make sure that all of us could see and hear each other really well on separate devices during online mediation.
In talking to potential new clients, I realized that much of what I teach to my law students I can impart to my clients. Most of my clients have not been part of a mediation before, and they feel overwhelmed regarding how to resolve a dispute. They do not know what ADR is, so I take time during the no charge consult to explain the differences between litigation, negotiation, mediation, arbitration, and collaborative law. I also talk to my clients about the differences in settling a dispute in court (litigation) versus settling a dispute outside of court (alternative dispute resolution).
Here is a summary of what I tell new clients about Litigation and ADR:
Many of us are conflict averse -- and so we tend to avoid conflict. We find communication to be difficult. I find that, in the end, most of my clients really like resolving their disputes through face to face communication using interest-based negotiation in mediation sessions and outside of mediation rather than by using adversarial methods to resolve their differences. Practice of communication and negotiation skills in mediation sessions (and in classroom role plays) does not make perfect, as the expression goes, but practice certainly makes things easier and helps all of us to feel more comfortable in communicating with each other.
Guest blogger and college student Katherine Barnes talks about the silver linings she is finding during the pandemic. Katherine is an Integrated Marketing Communications major at the University of Mississippi. Photo from Ole Miss website.
On March 9, 2020, I boarded the Carnival Valor cruise ship for my spring break vacation. There were approximately 500 confirmed COVID-19 cases at the time in the United States, yet life was seemingly normal. I went shopping, picked up coffee, and enjoyed a drink on Bourbon Street with my friends the morning before the cruise set sail. I had absolutely no idea that that day would be the last time I could enjoy such luxuries.
On the vessel I had no cell reception, an unreliable wifi connection, and no idea of what was going on in the world around me. The crew members aboard the ship shielded us from what the public health officials were saying and denied any knowledge of the outbreak. While docked for the day in Mexico, I received a notice that my classes at the University of Mississippi were cancelled for the rest of the semester. I was shocked to find out that the NBA was suspended, Tom Hanks had contracted the disease, and that the virus was officially classified as a pandemic. I realized the severity of the public health crisis after recognizing several similarities to the plot of one of my favorite movies, Contagion.
My friends and I were terrified that we would be stuck quarantined on the cruise ship for months at a time. Other cruise ships were stuck at sea, as seaports were directed not to allow ships to dock. Thankfully, I was able to get off of the ship with no problems at the end of the trip. I arrived in New Orleans and for the first time witnessed the Big Easy as a ghost town. Popular tourist attractions were deserted, and the shelves at every gas station and convenience store were bare.
The reality of the outbreak settled in when I fell ill on the drive back to Oxford. I was exhausted and feverish, and felt a dry cough coming on. These common symptoms of the virus led me to self-quarantine in my apartment. I quickly became bored, irritable, and tired of watching Netflix all by myself. I lacked motivation to read or do anything productive. I wallowed in my sadness and spent days doing virtually nothing, but I eventually accepted the fact that I couldn’t leave my apartment or see my friends. To cope with this new reality, I pushed myself to try new hobbies by ordering resistance bands and arts and crafts projects. These small purchases helped improve my mood while quarantined, and they kept me entertained while in my isolated apartment.
After getting the doctor’s approval to return home, I moved back to Arlington, Virginia. A silver lining of COVID-19 is that I got to move in with my long-distance boyfriend Kevin who goes to college in Virginia. Kevin encouraged me to make the most out of every day, and to not dwell on the things that I could not control. We constructed a routine together that consisted of completing our schoolwork, cooking elaborate meals together, and going on walks. To my surprise, I adapted well to online learning, and my grades for the spring semester were straight As and Chancellor's List.
There were many days that I felt sad and frustrated with being quarantined. It was hard for me to accept social distancing as the new normal. I missed seeing my family, attending cycling classes, and having face-to-face interactions with my professors. I often struggled to explain the complexity of my emotions to Kevin, as I was extremely happy to be with him but often pessimistic due to isolation. I tried to keep my negative thoughts and emotions to myself, but they always poured out of me eventually. Over time, I learned the importance of communication and articulating how I feel. It isn’t always easy for me to discuss my feelings, but being vocal really improved our time together in quarantine and our relationship overall.
I also struggled with communicating with my friends. I was used to seeing familiar faces every day, whether in my apartment or on campus. Isolation contributed to extreme loneliness and anxiety regarding my friendships. It seemed as if my friendships were fading away, but the reality of the situation was that everyone was coping with the pandemic in different ways. I continued to reach out to my friends, and I began to incorporate mindfulness and journaling into my daily routine to ease my anxiety. It definitely was not easy, but reframing my thoughts and actively keeping in touch with my loved ones through texts and phone calls helped improve my mood over time.
Adapting to the coronavirus pandemic has been difficult, but my experience throughout lockdown has helped me grow as a person. I am so grateful to spend time with my family, whether from a distance or on zoom calls. I have rediscovered my love of reading for pleasure and found joy in cooking and trying new foods. I am appreciative that my family members are healthy and safe.
I know that I will have to continue to adapt to COVID-19, as case numbers are rising and my classes will remain online. I am so sad that I won’t get to experience the physical beauty of campus every day. However, I know I will make the most of my situation. I plan on adopting even more hobbies, communicating effectively, and focusing on one day at a time.
Join family mediator Virginia Colin, parent educator Jenifer Joy Madden, and me for a webinar on Thursday, June 11th at noon Eastern Standard Time. We will be talking about the book on pandemic relationships to which we all contributed: Living Together, Separating, Divorcing: Surviving During A Pandemic.
We will talk about:
• handling anger, exhaustion, and stress
• rules of engagement for family survival
• facing separation when you're living together
• financial tips when preparing for divorce
• how a family mediator can help you
Register at DurableHuman.com/RelationshipSOS. We look forward to talking to you on June 11th!
Recently, I was online and saw a post in a family mediator group from a fellow mediator who I did not know -- Michael Lang from Sarasota, Florida. He mentioned something about pulling together a book to help people who are struggling during this COVID-19 pandemic. He felt strongly that worries are felt very intensely in families where couples are separating and divorcing. I replied to the post that I would be happy to help out, having no idea that Michael and his colleague Peter Nicholson, advertising and marketing CEO of OGX group in Ireland, intended to publish the book from start to finish in a week!
I sent Michael a few articles that I had recently written, and he wanted to include Five Financial Tips When You Are Facing Divorce because he thought that no other mediator was including a written piece on a similar topic. He also thought that concrete tips would be most helpful to families.
Michael and Peter’s goal was to produce the book to help families coping with great difficulties immediately. Over a one week period, Michael and Peter (1) reached out to mediators, lawyers, therapists, financial planners, and child specialists from around the world, (2) received articles, (3) asked for changes, (4) formatted, (5) illustrated, (6) solved challenging technical issues, and (7) produced the book. The book is now available in hard copy on Amazon and in kindle version. My book just arrived today, and I can’t wait to read all of the various pieces representing the collective wisdom and guidance of this experienced group of contributors.
A wonderful and unexpected byproduct of this book is that a new supportive and collaborative community has been born: mediators and other professionals contributed to the book from all over the U.S., as well as from Ireland, Australia, Italy, the UK, Poland, Canada, Trinidad, Czech Republic, and South Africa. We are all now connected by email and social media and in touch with each other. Thank you, Peter and Michael, for bringing us all together.
Here is the article:
Five Financial Tips When You Are Facing Divorce
I picked up the phone the other day to speak to a potential new client, and she cried, 'I'm panicked!" She had left her career to be a stay at home mom of three small children, the couple had been talking about divorce for a while, and the husband is the primary breadwinner. I mediated a case yesterday in which the husband was the stay at home dad and the wife is the primary source of income for the family. He is nervous about his financial future but moving forward with hope.
All of my clients are apprehensive and scared of the changes that a divorce will bring. These tips will focus on financial concerns when a couple is facing divorce. Often only one spouse was involved in handling the finances in the marriage (paying bills, budgeting, investing) and establishing relationships with the family accountant, attorney, and financial advisor.
1. Assemble a good team of advisors -- Find a good certified divorce financial analyst (CDFA). Financial analysts help to assess every aspect of your financial life -- including savings, investments, insurance, taxes, and retirement -- and help you develop a detailed strategy or financial plan for meeting all of your financial goals. Your CDFA may also be skilled in advising you on business valuation if either party owns a business or on financial forensics. Sometimes my clients together hire a divorce financial neutral who works collaboratively with them during the process of mediation.
You will need to find a neutral mediator if you are mediating your divorce and a lawyer to review any agreement that you may reach and with whom to consult during your divorce negotiations, You may also need to consult with an accountant, a real estate appraiser, a therapist, and a parenting coordinator if there are children.
Worried about how to pay for a team of advisors? Ask for a no charge consult before you commit to working with and paying a CDFA, mediator, lawyer, accountant, and/or therapist. You want to make sure that all of the advisors who you are hiring will be a good fit and will be affordable. Negotiate sharing the cost of your neutral mediator, divorce financial neutral, and real estate appraiser with your former spouse. And if you do not have the financial resources to hire a CDFA or similar advisor, do not worry. Many couples do not have a complex financial situation that might benefit from and require a financial analysis. A neutral mediator will help to empower the divorcing couple to negotiate splitting of assets and liabilities without hiring a financial analyst. Moreover, health insurance will cover much of the cost of a therapist and/or parenting coordinator, if needed.
2. Organize your financial documents and record your monthly expenses -- Set up an organizational system if you don't already have one in place so that you have easy access to all of your utility bills, mortgage statements, car loan documents, credit card statements, joint retirement and bank accounts, tax returns, homeowner/car/liability insurance statements, appraisals of valuable items, and all other important financial documents and records. Estimate the net worth that you and your spouse have accrued.
It's important to understand what all of your specific monthly expenses are so that you know what monthly income you will need for the future. You will want to create a budget for future income and expenses. Save your receipts and track all of your monthly expenses with an easy to use money management program such as Quicken or Mint.
3. Update insurance and beneficiaries -- if you have health insurance coverage through your spouse's plan, you will need to investigate new coverage options and change to a different health insurance plan once you are divorced. Contact a health insurance broker if employer-based health insurance is not an option. A broker can help explain different benefit packages and costs. Review and update beneficiaries on your various insurance policies and financial accounts, as well as who has legal authority to make health care decisions for you on your medical proxy document. If you had joint car, valuable articles, and liability insurance or any other joint insurance policies, set up your own separate insurance policies in your own name. Update your will. (You may need to consult with a lawyer who specializes in wills, trusts, and estate planning.)
4. Hold off on major financial decisions for now -- Don't make impulsive large financial purchases, switch jobs, or move to a different geographic location at this time.
5. Review and monitor your credit report and check your credit score -- Close your joint bank accounts and open accounts in your own name. You don't want to be responsible for the spending and debt of your spouse once you've decided to divorce. Obtain a new credit card account in your own name. Protect your credit score.
When I was a teenager, my favorite book was All But My Life, written by Gerda Weissman Klein. Gerda is a Holocaust survivor who for many years lived in Buffalo, where I grew up, with her family. One of Gerda’s daughters, Vivian, was my Sunday school teacher. Gerda, throughout my life, has always been my hero because she radiates strength, hope, optimism, resilience, and love.
I remember my mother, who died in 1992 at age 55, telling me Gerda’s story as well since they were friends. I could not wait to meet Gerda’s husband and great love, Kurt, who I pictured as a young, handsome soldier -- and one day, I did.
Gerda spoke to my high school classmates and me in the 1970s and shared her story about her parents and her brother and life after the Germans invaded her hometown in Poland when she was 15 years old in 1939. Flash forward to many years later, maybe around 2004, and my oldest daughter did not want to go to Sunday school in northern Virginia. I happened to be at our temple and walked into the temple library with her where I saw All But My Life – my book that had been so special to me and that I had not thought of in years.
My daughter and I read the book together, and I decided to get in touch with Gerda and invite her to speak at our temple. She had written several newer books – including The Hours After, Letters of Love and Longing in War’s Aftermath and A Boring Evening at Home. It turned out that Gerda’s son James lives in Potomac, Maryland. We were able to arrange for Gerda to fly from Arizona to the East Coast, stay with her son, and I would pick her up and bring her to the temple in Falls Church. Gerda spoke to the northern Virginia community in two sessions – one presentation for children and another for teens and adults.
Later, when I was traveling to Phoenix with my three kids, Gerda invited us to visit with her in her home and we had a wonderful time. Then, in 2008, I was watching the Academy Awards and there was my Gerda up on the podium accepting an Oscar for her story that was told in the documentary One Survivor Remembers. You can see her remarks here: https://www.youtube.com/watch?v=5zn-fPM4KS0. The film also won an Emmy.
In 2011, I opened up the Washington Post to see that Gerda had been honored with the Presidential Medal of Freedom, the highest civilian award in the U.S. The award recognizes people who have made "an especially meritorious contribution to the security or national interests of the United States, world peace, cultural or other significant public or private endeavors".
In her talks to various audiences around the world, Gerda described hiding in her basement, living in a Jewish ghetto, and being separated first from her brother and then from her parents in 1942. The last words her mother spoke to her were, “Be strong”. Her father told her to wear her ski boots – in June – when the family was separated from each other. She never saw her family again. Gerda was taken to various slave labor and concentration camps and endured unspeakable horrors. She hid pictures of her family in her ski boots, which she wore on a forced 350 mile death march from Germany to Czechoslavakia through the snow and cold in 1945. Of 2000 Jewish women who were forced to march, just 120 survived.
I remember Gerda telling the story of her best friend Ilse, “Ilse, a childhood friend of mine, once found a raspberry in the concentration camp and carried it in her pocket all day to present to me that night on a leaf. Imagine a world in which your entire possession is one raspberry and you give it to your friend.” Ilse did not survive the death march and died just a few days before liberation.
At the end of the war and the death march, Gerda and the other surviving girls were left by the Nazis in an old abandoned bicycle factory along with a bomb that was set to detonate but somehow did not. Kurt Klein found Gerda. Kurt was an American who had been born in Germany and had emigrated to the U.S., settling in Buffalo, N.Y. in 1937 at age 17 without his parents -- who were unable to leave Germany and died in Auschwitz. Kurt joined the U.S. Army and was trained in military intelligence. Kurt describes the moment he met Gerda:
…I saw a girl standing and I decided to go, walk up to her…I asked about her companions… And we went inside the factory...There were women scattered over the floor on scraps of straw…some of them quite obviously with the mark of death on their faces…The girl who was my guide made sort of a sweeping gesture over this scene of devastation, and said the following words: "Noble be man, merciful and good." And I could hardly believe that she was able to summon a poem by the German poet Goethe, which…is called "The Divine," at such a moment. And there was nothing that she could have said that would have underscored the grim irony of the situation better than…what she did. And it was a totally shattering experience for me.
Gerda describes the moment she met Kurt: “He looked to me like a god…” Nervously, before asking for help, she apprised him of what had been a dangerous truth. “You know, we are Jews,” she told him…He paused, then said, “So am I.” Gerda and Kurt were engaged four months later and married the following year.
The other day, I saw an article in the Arizona Republic about Gerda. The headline stated: 96 year old Phoenix Holocaust Survivor Becomes Beacon of Hope During Covid-19 Crisis. As she always does, Gerda provided words of hope and comfort. Quoting from the article:
"If we have hope even in the darkest moments, I think it's the most important weapon," Klein said. 'We all have an incredible amount of strength that we are not familiar with until we are really tested."
"Even in the most difficult times, you have to have hope. Hope is the light to the future, to everything,"
She said it's important not to let one's mind wander into the dark doubting corners of fear. "I think we should always have hope and never give into the frightening thoughts," Klein said. "We always have the 'what ifs.' Well, what if we have incredible strength?"
"Ten years from now, you will look at it entirely different. You'll think, 'Things were really tough then, but how fortunate that I am now that that all belongs to the past,'" Klein said.
Sadly, Kurt died at age 81 in 2002 while on a lecture tour in Guatemala with Gerda. Gerda’s son James talks about his dad's death in the forward to Gerda’s book A Boring Evening at Home: “...in tribute to Dad, who believed in both the vital importance of their life’s work as well as Mom’s unique ability to convey eloquently their message of tolerance, hope, and the redemptive power of love, Mom has somehow mustered the strength to go on…” James also talks about his belief that his parents’ greatest achievement was to create a normal life for themselves and their children and a home in which the family all genuinely had a lot of fun and spent a lot of time laughing.
I find Gerda's words, as always, to be encouraging and helpful to me during this pandemic. I hope you find comfort in her words as well.
Sources: Chicago Tribune, April 30, 1995, Arizona Republic, April 11, 2020
Photo: From the Gerda and Kurt Klein Foundation
It’s hard to believe that four weeks ago I was getting ready for a mother/son college trip to Austin with my high school junior and youngest child John, his classmate and friend Ethan, and his friend’s mom Adrienne. We had planned and looked forward to the trip for a long time. After I taught my law school class, we left from Reagan airport on the afternoon of Wednesday, March 4th, checked into our Airbnb apartments located in the South Congress area of Austin, and celebrated Ethan’s 17th birthday that night over a late night dinner at Magnolia Cafe. The next morning, a Thursday, we were up bright and early for a tour of the campus at UT Austin. We had an amazing tour guide and wonderful conversations with film professors and staff in the Department of Radio-Television-Film, as well as with the Director of the School of Journalism. The weather was perfect with blue sky and sunshine. Everyone we met was warm and welcoming.
After our day on campus, we had a fabulous dinner at Loro Austin, an Asian smokehouse and bar. Later that night, when we were back at our Airbnb, my friend Brenda back home in Arlington texted me the following: “3 cases of corona virus in Montgomery County. Hold on tight…here we go…” I felt a twinge of anxiety as I started getting ready for bed and tried to get some rest so that it didn’t morph into a full blown panic attack.
The next morning, a Friday, I decided to get up early and walk around South Congress. It was another beautiful warm day in Austin and no one was up and about yet. I walked over to the TOMS shoe store and coffee shop that had hanging lights, a patio with tables and chairs and a couple cozy porch swings on their covered porch. I ordered a hot chocolate and a banana bread -- and soon Adrienne joined me and then the boys did too. As we were walking around the area, I received a notification that the annual and renowned film, media, music and tech conference, SXSW, (or as they say in Austin, South By) that was to begin on March 13th and end on the 22nd was canceled. I felt that twinge of anxiety resurface on this happy and relaxing day. We had two more incredible meals that day in Austin -- a picnic outside enjoying Franklin’s Barbecue and a late and exquisite dinner at Emmer and Rye.
John and I returned home over the weekend. My last day of normalcy was on Thursday, March 12th. I had committed to speaking at the Arlington Women Entrepreneur Summit 2020 on Alternative Dispute Resolution and Small Business. When I look at a picture taken at the conference, I am now amazed at how close together my friends and I were standing to each other. The whole world has changed since then.
We are healthy and safe. We are staying home except to do weekly grocery runs. John’s high school – H-B Woodlawn -- is closed for the rest of the school year as are all other schools in northern Virginia. My DC Court mediations have been canceled through May. I am teaching my law school class on line through Webex video conferencing. I have moved my entire mediation practice on line via Zoom video conferencing.
Each day seems to get easier as we adjust to our new routine. Initially I thought that mediating on line would be so difficult. But practice makes everything easier. I read tips from online mediation expert, friend, and colleague Susan Guthrie and played around with Zoom. I started mediating on line during the week of March 16th and now I welcome video conferencing as an added dimension to my practice.
In mediation, the process is simple:
1. Identify the issues
2. Pick the first issue to discuss
3. Brainstorm solutions to that issue
4. Evaluate each solution and ask questions
5. Make a joint decision on that issue (or decide to come back to the issue later)
6. Pick the next issue to discuss and repeat
7. After joint decisions are made on each issue, the mediator writes up an agreement
Meeting separately and confidentially with each party during a mediation can be achieved easily by using Zoom breakout rooms. So I can meet with both parties together, separate them into different breakout rooms if necessary and desired, and bring them back together – just as I do when we meet face to face. I can share a white board to list issues that we are discussing and share documents with my parties as well, such as financial worksheets. So we can all look at each other, be present for each other, and at the same time review the white board and/or various documents. In short, we can make online mediations work quite well, and my clients are happy with this level of service.
I work with intact families and families who are separating and divorcing, as well as families who have post-divorce issues. I also work with small businesses who may have business partner disputes or disputes with manufacturers or suppliers. Most disputes can be resolved through mediation, whether the dispute is between neighbors, employers and employees, contractor/homeowner, or landlord/tenant, for example.
I’d love to hear how all of you are doing as March comes to an end and we welcome April – and spring! Stay safe and healthy everyone. And please let me know if I can help with any issues that may arise as we are all living, schooling, and working together in close quarters, taking things one day at a time.
Below are photos from our happy trip to Austin and from the AWE Summit 2020:
If you are a business owner, have you ever had a dispute with a business partner or employee or perhaps a manufacturer or a supplier? I am excited to share that I was chosen to speak at the Awesome Women Entrepreneur (AWE) conference in Arlington at Marymount University's Ballston Center on Thursday, March 12th on how to Prepare for, Prevent, and Resolve Business Disputes. Attendees will be business owners and entrepreneurs from all over the D.C., Maryland, and Virginia region. My presentation will describe litigation, arbitration, and adversarial negotiation. I will discuss the benefits of using alternative dispute resolution (ADR) methods to resolve business disputes, such as interest-based negotiation and mediation, as well as collaborative law.
I'll be talking about why it's important to include clauses in business contracts that, in the event of a dispute, the parties to the dispute will use mediation or collaborative practice as an attempt to resolve the dispute. Ideally, the ADR process will take place before a case is filed in court. The parties to a dispute can brainstorm solutions together and evaluate those solutions, resulting in a creative settlement that might involve addressing emotions, apologizing, and addressing any ongoing relationship issues, rather than limiting themselves to the resolutions available to a court.
Hope to see you there!
I am back teaching my 6th semester at George Mason University’s Scalia Law School. I teach Alternative Dispute Resolution in the Fall and Mediation in the Spring. Last week was my first Spring class, and I am excited that my students are highly engaged and ready to participate in this experiential class. I am preparing for tomorrow’s class on principled negotiation, also known as cooperative or interest-based negotiation.
Competitive Negotiation, also known as positional bargaining, assumes the purpose of bargaining is to obtain the best possible economic result, usually at the expense of the other side. The goal is to pay as little as possible or to obtain as much as possible. Negotiation is viewed like litigation – someone must win and someone must lose.
Adversarial Negotiation is a more aggressive and competitive model than the competitive approach. Adversarial negotiators may provide the other side with misleading clues, bluffs, and distorted facts for the purpose of creating incorrect conclusions that are beneficial to the competitor. Tactics include: using theatrics, asking for more than you expect to get, never saying yes to the first offer, flinching at proposals, using threats and ultimatums, saying “you’ll have to do better than that”, creating an uncomfortable environment, and giving false deadlines, among other strategies.
Cooperative Negotiation can be used effectively on almost any type of conflict. According to Roger Fisher and Bill Ury, positional bargaining does not tend to produce good agreements because it is inefficient, respective interests are neglected, ego tends to be involved, and it encourages stubbornness thus harming the parties’ relationship.
In interest-based negotiation, Fisher and Ury talk about the need to separate the people from the problem, focus on interests not positions, invent options for mutual gain, and insist on using objective criteria to resolve differences. Know your Best Alternative To A Negotiated Agreement or BATNA – your alternative course of action a party can take if negotiations fail and an agreement cannot be reached.
Watch this you tube video for more information on how principled negotiation can be used on almost any type of conflict: https://www.youtube.com/watch?v=EKHg9H0G6go.
Ellice Halpern, J.D., is a Virginia Supreme Court certified general and family mediator.