Keeping Emotion in Check: 7 Ways to Tame the Tension in Divorce Negotiations

Out-of-court divorce negotiations are highly charged. To save legal costs and get an agreement that works for everyone, you’ve got to stay calm. That’s easier said than done, especially when triggered by the situation. Whether you tend to yell or shut down, here are some practical steps to keep things calm and focused during your tough negotiations. 

1. Seek a Compassionate Mediator

Finding a compassionate and empathetic mediator is essential. Look for someone who has experience working with divorcing couples, who understands the legal issues and emotional turmoil involved. A sensitive mediator will be attuned to your emotional triggers and create an environment where both parties can express their concerns without judgment or bias. Their ability to listen  and offer support often makes the difference between agreement and breakdown.

1. Prepare Yourself Mentally

Before each mediation session, take some time to prepare yourself mentally. Take a few deep breaths and focus on your breathing. Remind yourself that you are going into this meeting with the goal of reaching an agreement that is fair to both you, your ex and your kids. You may also find it helpful to set an intention for the mediation, such as "I will remain calm and focused throughout this session."

1. Identify Your Triggers

Let your mediator know what gets you fuming or shuts you down. Tell them what topics, gestures or comments are most likely to set you off. By doing this, you allow the mediator to adopt an approach that supports you throughout the process. You can come up with a plan for how to deal with touchy topics. For example, if you know you ex makes comments that trigger you, you can arrange for a signal to alert the facilitator that they need to intervene. 

1. Use "I" Statements

Using "I" statements can be a powerful tool for expressing your feelings and needs without coming across as aggressive or confrontational. For example, instead of saying "You're being unreasonable," you might say "I'm frustrated now because I don't feel like my concerns are being heard." By using "I" statements, you can communicate your feelings without making blame statements that put your ex on the defensive.

1. Respond to Escalation by “Going With” the Comment

Most of us push back when we hear things we disagree with. We challenge, counterattack, or provide information to correct the other person. That’s going to make them defensive and escalate things. If they have been insulting or hostile the mediator should take over. But even if they don’t, you can defuse the moment by “going with” the statement. Instead of “I am not being selfish” try “Tell me more. Help me understand what I’m I saying that makes you think I’m selfish?” If you have the patience to do this, I promise it will defuse their aggression.

1. Take Breaks

After point #5, you might feel yourself becoming overwhelmed. Then take a break. Taking a few minutes to step outside, take some deep breaths, or even just stretch your legs can be incredibly helpful in reducing your stress levels. Remember that it's better to take a break and come back to the conversation when you're feeling calmer than to continue the discussion while you're feeling triggered and risk making things worse.

1. Practice Active Listening

Finally, it's important to practice active listening during mediation. This means really listening to what your ex-partner is saying, and summarizing what you’ve heard to prove you were listening, whether you like it or not. By focusing on what your ex-partner is saying, you can better understand their perspective and work towards finding a solution that works for both of you.

In conclusion, negotiating a divorce can be a difficult and emotionally charged experience, but a sensitive mediator can help keep emotions in check and foster open dialogue. This helps create a shared understanding of each other's perspectives, facilitating the resolution of conflicts and enabling fair compromises. The guidance of a sensitive mediator can help you navigate difficult conversations and defuse potential triggers.

ABOUT THE AUTHOR

Mike MacConnell, founder of Reflective Mediation, is an accredited family mediator, conflict coach, educator and author. He is the highest-ranked mediator on Google in the greater Toronto area, with over 180 5-star reviews. To book your free consultation click here.