Hagstrom Law and Mediation, PLLC

Family Law, Estate Planning, and Conflict Resolution

Posts Tagged ‘Custody Mediation

The Power of Conversation

October 15th, 2012 by Anna Hagstrom

“The greatest single antidote to violence is conversation” – Jonathan Sacks

I heard the quote above a couple weeks ago, and it has stuck with me. As I’ve been mulling it over, I have seen parallels to what I do as an attorney and as a mediator. In both these roles, I am often there to support my client (as attorney), or both participants (as a mediator) in having hard conversations.

When we are willing to talk to someone, we lose the idea that they are the “other”and it becomes more difficult for us to be angry with them or think their viewpoint is out of touch. We may not agree, but often a conversation reduces the “violence” – not just in the physical meaning, but in the sense of calming emotions, reducing name calling, blaming, etc.

I was on the phone with a client recently, preparing for a team meeting in a collaborative case. I noticed that much of what we discussed in preparation for the meeting centered on being willing to have the tough conversations that might come up. He said that if a certain topic came up and he got frustrated, he would walk out. I asked him to be open to just staying in the room when things get tough.

Engaging in true conversation can be very difficult, but I think it can be broken down into two key pieces. The idea of “staying in the room” can be a broader metaphor for the first component: in order to have a conversation, we have to actually be physically present. This may sound too obvious to be worth writing, but it can be very difficult to get together to have a conversation that we are dreading. Or to bring up the thing that we really want to talk about (elephant in the room?). Once we get there or to the topic, if we can resist the urge to walk out or change the subject when things get tough, we take a step towards opening new possibilities.

If we can then do more than just being physically present – to being mentally present in that moment alone, not worrying about the past, the future, not analyzing or figuring, just as present as possible, we really open the possibilities for the conversation. This is the 2nd part: in order to have a true conversation, all participants need to be and feel heard. The way to accomplish this is often by focusing on the other person rather than on our own argument (often easier said than done).

Typically when we have a “conversation,” we are actually evaluating, thinking of comebacks, trying to problem-solve, worried about having something smart to say in response, or other self-absorbed thinking. I have experienced how it changes the dynamic in a room when one participant (even a third party mediator) begins listening not to aid their own position, but truly listening for understanding. Often, that is when progress begins.

These two steps can help us have those hard conversations: being willing to stay in the room, and trying to truly hear and understand the other person.

Is there a conversation you are dreading? Are you willing to just stay in the room, or bring up that topic? What would happen if you gave up all objectives other than really understanding that other person?

Tidbits From Training – Mediation Skills are Useful to Many Professionals (Transformative Mediation Series Part II)

June 26th, 2012 by Anna Hagstrom

I was recently a guest presenter and role play coach at Twin Cities Mediation’s civil and family mediation trainings. It is always reinvigorating to teach mediation and see others’ enthusiasm for the possibility of offering those in conflict a real solution and way to improve their lives.

Both trainings were attended by not only attorneys but a variety of other professionals as well: a school principal, police officer now working in the mental health area, yoga instructor, therapists of various types, and more. I noticed that no matter their background, participants shared the realization that mediation (and the transformative model in particular) offers a useful way to help others at a basic human level.

Training participants observed that mediation is widely applicable to the conflict that is all around (and within) us. I attribute the broad appeal of the transformative approach to its acknowledgement that we all experience conflict the same way – as a threat to our ability to function as our highest self.

The experience of conflict manifests in different ways for different people, and may be expressed outwardly as anger, fear, frustration, yelling, checking out, attacking others, sadness, impasse, inability to process information, irrational behavior, and more. Because conflict is so prevalent, learning how to address the root of the conflict is refreshing to all of us – especially those of us in “helping” professions.

No matter their field or background, training participants expressed gratitude that they learned such a practical approach to conflict, a way to shift their clients’ destructive interaction. In addition to acting as a mediator in the future, many noticed ways they can incorporate mediation techniques in their work and personal lives – including success in applying transformative mediation skills to interactions and conversations with their children!

The internal focus on restructuring the conflict interaction itself – rather than seeking only an agreement on the external issues – is part of what sets the transformative model of mediation apart from other approaches to mediation. This ability to change conflict interaction also makes transformative mediation so widely useful across professions.

I’m Getting Divorced, What Are My Options?

June 5th, 2012 by Anna Hagstrom

I spend a lot of time educating my clients about the various processes available to them. There are always more options than they are aware of. Below is an outline of (only some!) of the options available for resolution:

Neither party has retained an attorney:

  • Self Help.  Utilize self help centers through the county court websites – come to an agreement and draft documents on your own.
  • Mediation.  Meet with a Mediator who is an expert in assisting you in having a conversation to resolve any remaining topics. Typically this option is less costly than retaining an attorney.
  • Limited Scope Representation.  Many attorneys offer “limited scope” services, including drafting the final agreement at an hourly rate or a flat fee. This is a cost-effective approach for individuals who have reached an agreement and want an attorney to make sure they have covered all necessary topics and include proper language.

One or both parties have an attorney:

  • Agreement.  The parties (or attorneys) can settle the case at any time, including before service of documents (initiating the legal proceeding), and their attorneys can draft an agreement (Marital Termination Agreement [MTA] or Stipulated Judgment and Decree).
  • Mediation.  A Mediator can help you reach an agreement, often in just one meeting – even before investing time and money to initiate the legal proceeding. As above, an attorney can then draft an MTA.
  • Collaborative Law.  Both participants can hire an attorney who practices Collaborative Law – making an agreement that those attorneys will not represent you if you decide to litigate the case. A great option for anyone who is interested in a method of resolution that discourages the type of conflict that litigation often causes – this model is more involved than mediation and the process includes more steps.

Other things to know:

  • Acceptance of Service.  Rather than formal “service” of the documents, which can add conflict, feel adversarial, and is not always private, the Petitioner’s attorney can mail the documents to the Responding party (or their attorney). The Responding party then signs an Admission of Service – a simple form stating that you received the documents.
  • Should My Attorney Attend Mediation?  It’s up to you. You can request that you meet with the mediator without attorneys present. Each client has their own needs regarding the presence of attorneys at mediation, in my view it is up to each client and what makes you most comfortable. In my role as an attorney, I tell clients that I can be available by phone during the mediation if they want to attend alone but would like to be able to ask me questions.

These are choices that impact the way your divorce will feel, how satisfied you are with the outcome, the cost, and more. There are many options, and no single route is right everyone. I encourage you to gather information and choose the process that is best fit for you.

 

Presentation on Transformative Mediation

May 8th, 2012 by Anna Hagstrom

I am excited to be presenting a CLE (Continuing Legal Education) class for the New Lawyers Section of the Minnesota State Bar Association on May 10th, entitled “Keeping It Real: Transformative Mediation Offers A New Way to Help Clients in Conflict”!

I am co-presenting with Dan Simon, a leader in the field.  We will explain the transformative theory of conflict that forms the basis for the model of mediation, share insights on the unique benefits that the transformative model offers, and provide an overview of the mediation options available to attorneys.

I am particularly looking forward to sharing tips for using the theory of transformative mediation to effectively represent clients during any type of mediation.  The transformative theory of conflict teaches us that it is not only OK, but in fact helpful to allow clients to “Keep It Real” during mediation:  as attorneys we can provide a way for clients to regain control, address their “intangible” concerns which are often ignored, have the conversations that they really want to have, and more!

Latest Blog Post

Article Featured in ‘With Equal Right’

January 14th, 2013 by Anna Hagstrom

I’m honored to have been asked to write a feature article for With Equal Right, the quarterly publication of Minnesota Women Lawyers, on the topic of Generations in the Workplace.  I focused on how my generation of law school graduates is Redefining Success – in light of the various challenges we are facing.  Read the… (Read more…)