Category Archives: Divorce Mediation

When We Go High And They Go Low: What Happens To A Family?

ch-6-dove-and-serpant “I am sending you out like sheep among wolves. Therefore, be as shrewd as snakes and as innocent as doves.”-the words of Jesus in Matthew 10:16

I used to be a take-no- prisoners litigator leading families to the arena (court) to shed blood, exploiting every conflict I could to “win” the case. I lived this mindset in my own divorce, spending years in blame and unforgiveness. Both circumstances took a toll on my life and my soul.

Somehow I “woke up.”  I chose to  forgive the father of my children and myself.  I redesigned my law practice and became a peacemaker. I healed my life in mind, body and spirit and wrote a book encouraging other lawyers to do the same.

Now when clients come to my office we set goals for them and for their case.   Suffering from betrayal, loss of love and loneliness, clients suggest goals of blame, revenge, hurt and pain.   I redirect them, having a frank conversation with them about “the long game.”

The long game recognizes families are entwined for life, raising children post divorce.  EVERYTHING THEY DO IN THE DIVORCE  SETS A PATH FOR THE REST OF THEIR LIVES.  As their lawyer, I  leave a legacy with my intervention. My client is either buoyed for dignity, forgiveness, respect and calmness or left to pick up the rubble of the destruction I leave behind.

Choices in the divorce must be suited for the long game.  We discuss future family gatherings with the children and grandchildren such as graduations, weddings, and funerals. We envision the cost of the choice to blame, emphasize petty differences, or disparage their co-parent.  Even if we have serious issues (substance abuse, domestic abuse, and other important issues that endanger children) we  proceed with transparency, integrity and dignity for all, while firmly and wisely protecting the children.  Clients insistent on “going low” are referred to another  lawyer.  As a result of this choice of practice, I sleep well and see lives transformed in my office every day.

In one case,  my sad client whose wife had filed for divorce joined me in  discussing the long game.(I represent equal numbers of men and women). He embraced the approach noting that he and the child’s mother were both good people and good parents. They’d both been there for  prenatal care, and child’s dental and medical appointments. They’d both transported child to daycare, shared day to day parenting responsibilities and effectively made many joint decisions.

I called the lawyer on the other side to discuss the case.

“What are the problems with my guy having shared care?” I asked him, beginning to negotiate settlement.

“Nothing” he assured me.  “My client is a first time anxious mom, wanting primary care. There is nothing wrong with your guy.”

We were optimistic about settlement when we went to mediation.

“They report nothing that would preclude shared parenting other than mom is anxious,” the mediator said in our private caucus, then adding “mom’s lawyer is strongly advocating against settlement.”

I wondered if the lawyer had abandoned seeking compromise and simply decided they would “earn their keep” by supporting mom’s anxiety based position. We were headed for temporary hearing.

In my jurisdiction temporary matters  are decided on sworn affidavits.  No testimony, no clients, and 10 minutes to plead the case across the desk to a judge with no court reporter. Affidavits  are exchanged a moment before walking in to see the judge making the process “trial by ambush.”

My client and I prepared affidavits that supported our request for shared custody with coparenting from two good parents.  My client’s parents signed affidavits supporting both parents and describing a future where the mother would continue to be welcome. We buyoed the long game.

“My wife asked me not to read the affidavits she and her lawyer prepared for the hearing until tomorrow and she is moving in with her parents over the weekend, ” my client stated as we met at the courthouse.

“Search your soul and tell me what you have forgotten until now;  what’s the worst thing she can say and be brutally honest,” I asked my client as my anxiety spiked.  No porn, no drugs, no mistress, no tax fraud, no domestic abuse.  My puzzled client came up empty.

Outside the courtroom I handed opposing counsel our affidavits. “No surprises. High integrity on what we’ve said all along. Two good parents, history of calm waters.”   My adversary shoved affidavits in my hand while looking down at his feet and shuffling towards the courtroom door.

Wife’s affidavit magnified every petty disagreement since the child’s conception describing my client as a “bully” giving wife emotional distress. Wife’s mother substantiated with an affidavit saying the same.  Wife’s father noticeably did not join in.

My client held back tears. “We took the high road and she attacked despite what they have said all along. I feel betrayed again.  I want a pound of flesh!  What good did it do me to be high integrity?”

I left my law clerk to calm the client while I went in to argue my 10 minutes.  The other attorney animatedly described  my client to the judge as a bully, oppressive, mean to his wife.  I calmly argued  the facts; pre-natal care, child’s doctors appointments, daycare pickup,  joint decisions. I  pointed out wife’s affidavit was “she saids” while our evidence proved differently.

The judge granted wife primary physical care minimizing dad’s contact.   “I will never trust her ever again, as long as I live,” my client said as we left the courthouse.

Thanking me for my work, my client said he had believed in the high road and the long game until he was blown up in battle. We agreed I’d transition him to a gladiator colleague equipped with depositions designed to embarrass his wife, highlight her after-discovered boyfriend (although fault is not relevant under the law), and engage in other aggressive tactics of war to win the final hearing.  War that cost thousands of dollars of the child’s college savings money.

For a moment I second guessed my strategy. Did I just get out-lawyered? Did  my adversary’s choice to lie about the case and hold back the evidence until the end make him the better lawyer?  That lawyer now holds a permanent spot  on my “untrustworthy” list where he’ll stay long after we both forget the two clients we represented that day.

When that moment passes  I ‘m grateful that I provided my client and his family a chance  for healing, dignity and respect.  I dream of difficult conversations  at the mediation that would have allowed for problem solving  without venomous affidavits and court intervention. I pray for the family involved and for my young opposing counsel who may not see the toll such situations leave on the world, on a family and on his own soul over time.

And I ask, who “won?”

 

 

 

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A Divorce Lawyer’s Caution to Stay at Home Parents

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After more than 30 years as a family law attorney, I still worry about some clients as they leave my office with their divorce decrees in hand. Some are still swimming in emotion. Some have tragedy on the horizon as they walk into new relationships before they are fully healed. The clients I worry most about are those who have been stay at home parents for long periods of time during the marriage. Those clients often face the most difficult emotional and financial “hits.”

No family expects divorce, but if one parent is planning to be a stay –at-home parent there are important things to consider to avoid devastating consequences if it does happen. (Although I am beginning to see men as the stay at home in recent years, I am using “her” as the gender for the stay at home parent).

I cant’ tell you the number of times I hear, “I told her to get a job and she wouldn’t,” while the other parent responds, “He may have mentioned my going back to work but he also liked not having to deal with the house and children as well as his job. Plus there was the high cost of child care.”

To avoid crisis if divorce erupts here’s what I recommend to stay-at-home parents:

  1. Have a detailed plan. Develop a plan that includes how long a parent will stay out of the workforce before one parent moves forward with staying home with children. Smart couples have a deadline for the stay at home to return to the workforce that is re-evaluated in a focused discussion each year. Discussions about all aspects of the stay at home arrangement should take place in person, at designated times and not just in passing when emotions are running high. I like to say that all discussions should be “kitchen table” discussions when the kids are not around.
  1. Enlist a third party to assist you with the plan. Get help from a family lawyer, financial planner, counselor or family mediator at the outset, and also when tensions erupt. Difficult conversations are easy to avoid. A calm third party can facilitate a discussion that results in a clear understanding and agreement. These experienced professionals also know the impact of staying home with the children and can assist with a list of things to consider that couples overlook.
  1. Prioritize finances for both parents. Despite our fluid roles, I still see that one spouse typically handles the finances. The other spouse often delegates that task and then never pays attention.  Smart couples meet monthly to review detailed family finances. I encounter numerous divorces where one party thought there was plenty of money when it turns out the family was living on credit cards. “I tried to tell him/her we were spending too much,” is a phrase heard often in my office.
  1. Be clear that alimony won’t support your lifestyle. Stay- at- home parents often believe if they divorce the income earner will absolutely be obligated to support the parent who stayed home. This is simply false. Alimony laws are in a state of flux in many states. In the vast majority of cases the stay at home will have a short time to receive a small amount of “rehabilitative” alimony and then they are expected to get to work. There is only so much money to go around and in most families it is impossible to support two separate households on one income.
  1. Keep your skills and contacts sharp. Don’t completely unplug from the work world while staying home. Take an online course or courses, and keep your skills current. When I took time off from my law practice while my children were small I hired a sitter for a few hours and attended bar association meetings and seminars. I never said I was “offline” in my work; I simply didn’t discuss my caseload (which was virtually non-existent for a time). Once I re-entered nobody knew that I hadn’t been practicing law all along and I was able to get up to speed quickly.
  2. Fund retirements for both parents. A good financial planner can advise on how the stay  at home can save for retirement. Although all retirement earned during the marriage is usually divisible to both parties in divorce, the emotional attachment to retirement accounts by the working spouse causes conflict in many cases. Retirement funds set up for each party help diffuse emotion at the negotiation table if divorce ever comes up.
  3. Stay connected in your marriage. Child rearing years are difficult on even the strongest marriages. One spouse in the business world and one at home all day can create a gap in interests and experiences that over time can erode connection. Prioritize time as a couple and take fights seriously as a warning sign. Working on your marriage may seem like the last thing you want to do amidst the exhaustion of all your obligations, but it will be the greatest investment you will ever make.
  4. If you do face divorce, explore collaborative law.  If you have to divorce there are respectful processes that work to move both parties forward in a dignified manner.  Consult with a family lawyer  to see if you and your spouse are candidates for collaborative divorce.

Kimberly Stamatelos is a mediator and family law attorney in West Des Moines, Iowa with Stamatelos & Tollakson. She is the author of the book “The Compassionate Lawyer” available on Amazon.

 

 

The Lawyer as Peacemaker

“It is not enough to win a war; it is more important to organize the peace.”
― Aristotle

9787f890e1d1f8abc8c09826b868568dInvested in the grievance stories magnified by their lawyers, family law clients often become repeat customers. Whether through initial actions, modifications or contempt proceedings, family law practice can be steady business for the lawyer, but often leaves festering wounds for the families we represent.

Hard fought family cases can also hurt family lawyers. Our suffering clients call us non stop, email us long diatribes, even show up at our office unannounced and agitated. Fueling the fire by delivering scathing interrogatories or through biting cross-examination can wear on an advocate’s mind, body and spirit.

In response, family lawyers are starting to expand their practices to focus on peacemaking. What makes a lawyer a peacemaker?

1. They practice law with connection and authenticity. Peacemakers don’t think it makes them less of a lawyer because they refuse to heap more hurt on hurting people, especially when children are involved. They genuinely care about the well being of their clients, their colleagues and themselves and believe that peaceful problem solving approaches are healthier for everyone.

2. They use proactive early intervention. Peacemakers recognize that the parties will still have to work together even after the legal intervention, so they set a tone of healing instead of aggression from the outset of a case. Whether through mediation, collaborative law, or simply meeting with the other lawyer to discuss the case, peacemakers agree to customize a strategy that works for both clients. They look for ways to streamline the legal process instead of letting it be driven only by court deadlines.

3. They use an interdisciplinary approach to conflict. Family lawyers are expected to be lawyer, counselor, financial advisor, parenting coach, communication expert, real estate analyzer and retirement guru. Peacemakers recognize the best use of the lawyers’ time is for legal advice, drafting and interfacing with the judge. They involve specialists including therapists, child development experts, financial advisors, realtors, and social workers to assist in developing a comprehensive plan for the family. Adding these experts mean the family has a highly specialized team often providing lower overall cost for comprehensive decision making. Lawyers focus on what they do best, and minimize the stress of trying to solve all the client’s problems themselves.

4. They encourage clients to “do the right thing.” Peacemakers don’t consider it a “win” to have someone pay as little child support as possible, if it means children aren’t financially supported at the other parent’s house. They don’t automatically fight to minimize a healthy and loving parent’s time with their children, at the request of a heartbroken client. These lawyers use words like “healing” and “forgiveness” and may set up infrastructures to improve trust and teamwork between parents. They help clients write a new forward focused story of life transformation that identifies the client as the hero, not the victim of the story.

5. They model emotional intelligence. Active listening, compassion and empathy are key skills used by peacemaking lawyers. “Patience is the greatest attribute of a peacemaker,” says Dick Calkins, a longtime advocate of peacemaking law. These lawyers don’t thrive on depositions with blistering accusatory questions so their clients can see their lawyer hurt their partner. Instead, they work together respectfully and cooperatively, modeling behavior families will need in order to heal. That may include producing documents voluntarily upon request and using calm reasoned discussion instead of threats.

6. They take the long view and encourage clients to do the same. Author of the ABA bestselling book “Lawyers as Peacemakers” J. Kim Wright puts it this way: “The upheaval of divorce can be very emotional and uncomfortable. It is easy to succumb to the emotions of the moment and strike out, do some damage, hurt you because you hurt me. Reacting provides short-term satisfaction and guarantees long-term conflict.

Peacemaking focuses on the long view, aligning with long-term values and goals. What relationship do these parents want to have in five, ten, twenty years? Who goes to the first day of school? Who will celebrate the team championship with your daughter? Will you dance at your son’s wedding or boycott because your ex will be there? The long view isn’t easy, but it is the path that focuses on the well-being of your child, not the emotions of the moment.”

7. They are creative in their approach to conflict. Each case is viewed as a unique set of circumstances requiring a customized approach of creative problem solving. Lawyers are creative people, but in traditional practice they aren’t encouraged to “think outside the box.” Peacemakers unleash creative thinking without feeling intimidated in putting forth a unique idea that isn’t borrowed from the standard stipulation template.

Often, the biggest impediment for peacemaking lawyers is the other lawyer. If opposing counsel makes aggressive moves or promotes themes of “fight to win,” or “let’s let the judge decide,” it frustrates peacemaking opportunities. Being a peacemaker doesn’t mean you sing kum-by-ah and get eaten alive in litigation. It means you see the peacemaking approach as a higher calling because it results in much healthier outcomes and is more satisfying to your clients and your own soul.

A baby lawyer fully trained in peacemaking skills recently told me, “I hope for the day when a client calls asking to destroy the other side in litigation and a lawyer says, “I’m sorry, I don’t engage in that type of law, it’s not healthy for families.”

And then, they call the next person on the list and that lawyer says, “I’m sorry I don’t engage in that type of law it’s not healthy for families.” And then each lawyer down the list says the same thing so that clients understand that peacemaking and healing families is what it means to be a family lawyer.”

I may not see that total shift in the practice of family law during my lifetime. But I truly believe he will.

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Story Catching

 

butterfly net

The butterfly net on my fourth floor windowsill .

At Stamatelos & Tollakson, we love the way our law and mediation office is decorated, and one item in particular carries a special meaning. A butterfly net is perched on my fourth floor windowsill. It represents the fact that as compassionate peacemaking attorneys we are story catchers.

Each family has a story, an emotionally laden narrative, unleashed once we’ve invited a client into the sacred, safe space of our inner office. Catching the story is our most important job whether the story is rich with detail or spewing with venom; whether spilling out unfettered once the storyteller opens their lips or coaxed out in slow, staccato pieces through the guidance of our gentle questions.

As we listen, we are figuratively sitting in the dark using our mental butterfly net to sweep in grief, shame, fear, guilt and the details that created them, ultimately dumping out the contents of the net on the conference table for deep examination. Side by side with the client we dissect the narrative, looking for nuggets of understanding and clues for what we might do to move them through divorce using creative problem solving to begin healing their lives and families.

After listening to thousands of stories and navigating the legal system to keep families out of court, here’s what we know about the stories we hear.

1.Divorcing people must choose a compassionate listener. Lawyers are busy people and they are constantly carrying lots of information in their heads. Unless they are intentional and focused, they may not be mindfully present during the story delivery. Compassionate lawyers are easily recognizable. They are the ones that make eye contact, listen with only limited and thoughtful interruption, and empathize with a client’s story. They aren’t the ones that listen sporadically, write down lots of notes and then respond to a story by quoting fees.

2. Failing to get out the entire story short circuits healing, and courtrooms are unhealthy places to tell one’s divorce story. Judges are scrutinizing the stories determining whom and what to believe. Lawyers are listening with an objection in mind, pouncing on pieces of the story that shed a bad light on their client. A judge’s ruling can keep one or more parties stuck in the old story, with more wounding added to an already devastating circumstance.

In mediation or at a collaborative divorce table, alongside their compassionate peacemaking lawyer, clients comfortably share their stories while having empathy, intensive listening and empowerment applied as first aid. This provides our clients relief from their suffering, allowing them to see the possibility of opening to a new post-divorce story.

3. Divorcing parties must let go of pieces of the story that no longer serve them. Divorce client’s stories have common underlying themes: betrayal, struggle, disconnection, abandonment, loss, and grief. Each party is often actively choosing to be the victim or victor in their stories, often identifying the other party as the sole perpetrator. When clients stay “stuck” in their victim story it becomes a tape on automatic replay in their head fueling their heart sickness and sadness. Victim stories and attacking the other spouse can play well in court, where the stories are memorialized in a legal transcript that marks the victim indelibly in perpetuity.

Good lawyers know that clients who stay stuck in their grievance story block pillars of healing like forgiveness and letting go of blame. We are not the heroes of the story, riding in to “fix” our clients’ problems. Instead we are the wise and caring guides who walk alongside them pointing out the path to the future with one hand, our other arm around their shoulders supporting and empowering them when they become weak on the journey. Along the way we are offering them peaceful methods of resolving the divorce and healing their lives.

4. Children of divorce have their stories written by hurting parents. Is it really fair to ask a child to choose one parent over another? As a parent, is “winning” custody of a child making a better story for that child? Most children love and crave time with both parents. Compassionate lawyers unearth the source of fear and worry about a child’s time in the other parent’s care. Through calm and non-accusatory dialogue, expectations can be clarified and communication skills can be strengthened.

5. Clients’ stories are interwoven into other divorce stories. Plot twists happen to our clients when new paramours come on the scene, co-mingling pieces of their own divorce stories. Each adult and each child brings their own wounds or healing from the divorce to the new family dynamic. If brought in early, problem solving lawyers can coach clients before blended family conflict escalates to the point of courtroom intervention. These lawyers can also be resources for therapists, coaches and other professionals to assist families with the complicated transitions.

6. The client is the hero of the story. Peacemaking processes for divorce such as mediation and collaborative law allow the client to write a healthier closing chapter of their marriage. In these processes parties don’t ever see a courtroom, typically spend less money and use specially trained lawyers who are committed to peace for families. Instead of telling the story, the client can live the story, not letting the divorce be the crescendo of their existence. Living intentionally, the client can choose a life of significance and wholeness post divorce, making the most of who they are and what they have, and making a difference in their lives and those of their children, day by day.

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The Four Types of Love in Family Law

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In May of 2014, I had the honor of being invited to a symposium sponsored by the Fetzer Institute, a private operating foundation established in 1962 by John Fetzer. The Institute’s mission is to “foster awareness of the power of love and forgiveness in the emerging global community.” The conference was called “Divorce: What’s Love Got To Do With It?”

 For three days I worked with collaborative law colleagues from all over the world, exploring love, forgiveness and compassion in our work. Are these concepts appropriate for lawyers to even mention? Do they have a place in our discussions with clients? These issues and others were discussed throughout the conference.

 This blog contains my realizations about love in family law, as a result of the issues we discussed at the conference. 

The word “love” is attached to emotions, experiences, memories and misunderstandings that often cause disputes leading parties to seek out a family law professional. Because of this complexity, the definition of “love” may polarize those seeking to determine the role it plays in family law.

Grateful for my heritage, I find clarity in the Greek language, which offers four different words translated as “love,” each with distinct nuances in their definitions. In my thirty plus years as a family lawyer and mediator, I have seen all four dimensions of love play out in my work.

Eros” is the source of the word “erotic,” and it describes love that is passionate, highly emotional and often electric. Eros is based on self-satisfaction and pleasure and has an intensity that is fueled by one’s attraction to another. It is usually accompanied by sexual connection and scientists describe complex body chemistry affixed to erotic love.

Most relationships have eros at the outset, but in time it usually diminishes or becomes intermittent, leaving parties craving its return. “Why can’t we get that feeling back?” couples may ask bemoaning the fleeting nature of eros and reporting they are no longer “in love,” or have “fallen out of love,” with their partner as a result of its departure. When eros doesn’t return or it shifts to a different type of love, parties may want to sever relationships through family law interventions.

Sometimes a party has entered into a relationship with someone new, thus rediscovering eros, and they come to the family law conference rooms to move out of one relationship into another. Their current partner may be grieving, feeling betrayed and shattered, and the family law practitioner helps both parties make clear headed decisions while navigating their respective intense emotions.

“Storge” is a love based on the natural affection one has for husband, wife, child, or even a pet. Storge is built as family members are “doing life together.” It feels secure and comfortable and stems from receiving unconditional acceptance by family members, despite one’s defects and flaws.

In family law, storge has to be shuffled and realigned, as legal actions divide households. Most parents aren’t able to see their children as often as they’d like, sometimes causing them to fear loneliness and rejection. Finances are redistributed, often resulting in a shortage of money after considering all factors.

“Will the children reject me if I can’t provide for them as elaborately as the other parent, after this divorce?”

This fear of the shifting of storge can cause anxiety and a resultant recalcitrance in positions at the family law negotiation table. Skilled family law practitioners craft creative parenting arrangements and design financial realignment that sustains family security. Once the plans are in place, family members may be reassured and confident to move forward.

“Phileo” is a love grounded in affection or fondness and is the type of love one has in friendships. It is a “brotherly love” that often grows over time, and involves giving as well as receiving.

“We have become more like roommates,” is a common phrase from parties seeking to end their legal relationships, reporting that phileo is now prevalent. Couples who have lived in friendly phileo relationships report long stretches without physical connection, and they are rarely high conflict when they enter the family law environment. These clients often work productively through a mediator, or together in the same room in a collaborative divorce, moving smoothly out of marriages seeking “something more.”

Friends of couples transitioning out of relationships under any of these scenarios can have a great influence as a result of their phileo love. Research shows that the most common person approached for advice when a marriage is in trouble is a female friend, followed by a family member, then a male friend, then a coworker. [1] Accompany their friend to a legal consultation or mediation session these friends offering phileo can impact the outcome of a family law case through their “loving” advice and must be managed by the family law practitioner.

While navigating all of these complex dimensions of love, compassionate family law professionals are able to demonstrate the most noble type of love. “Agape” flows from our passion for the well being of others, which is often the reason we have given our lives to the practice of family law. Agape is fueled by our strong desire to recognize those who are suffering and to do what we can to alleviate that suffering through our skills and gifts in family law processes such as mediation and collaborative divorce.

Agape is not based on merit, circumstances, fault, or actions. It is dispensed to innocent victims in the stories we hear with the same intensity it is given to the unlovable, unkind, unresponsive, or seemingly unworthy. Through the healing balm of agape love, we unconditionally invite all who are involved in family law matters to find their highest selves at a time when they are wounded, confused, scared and broken.

Agape love guides practitioners to see the parties, the families, the friends, the lawyers, the therapists and all who are involved in the legal intervention as fellow human beings connected together on the journey of life, despite their stories or circumstances. Deep listening, empathy, compassion, minimizing blame, encouraging collaboration and introducing forgiveness, are the ways family law practitioners exude agape. Some of us may even mindfully present ourselves as vessels through which God’s own agape love can flow.

What does love have to do with family law? Love has everything to do with family law. By operating through love and recognizing it’s complexity, family law professionals delight in the joy and satisfaction of our work. We are able to connect with our fellow human beings in a way that leaves an indelible mark on their lives, and our own.

[1] 2014, The Doherty Relationship Institute, LLC

The Compassionate Alliance

Recently, attorney Ashley Tollakson and I opened a new law firm.  We wanted a name that depicted our style of practice of law. Why do we call Stamatelos & Tollakson “The Compassionate Alliance?”

In a world full of lawyers with different approaches to the legal practice, my partner and I share the same values and a vision for a law office that isn’t a run-of-the-mill model. We meet regularly and have ongoing conversation about our shared values and how to best help our clients. We also set goals for continuous improvement and love to innovate to expand our ability to serve. It’s more than a partnership; we stand in an alliance with a bond and accountability for our values and vision.

Compassion is usually defined as: “a deep awareness of the suffering of another, accompanied by a strong desire to alleviate that suffering.”

Where does compassion come into play in our firm?

1. When clients come to see us we recognize they are suffering.

As we sit with clients during their darkest times, they tell us stories of how they are suffering in their families. Marriages are dissolving, children may be having physical symptoms from conflict or even acting out, house mortgages may be overdue, debt is often mounting, and lives are shifting.

In many instances there are layers of wounds not clearly visible. Clients carry shame, guilt, grief and fear. In the midst of their suffering they courageously seek us out to provide clarity to their chaos, and shepherd them through family conflict. In our law office, we recognize the depth of this suffering for our clients, and we don’t view it as just another day at the office.

2. We recognize the impact of our work can change clients’ lives.

Does the client accept a settlement offer or hold out for more? Should they agree to a suggested parenting plan, or will that impact their future relationship with their child? Will they settle the case or risk thousands of dollars to have a judge make the decision?

As lawyers we help alleviate clients’ suffering by using our intelligence, experience, wisdom and skill. We know the outcome of our work literally puts our client on one life trajectory or another. We take our work seriously and make decisions by working with our client as a strong team. We bring in experts from other disciplines such as finance, mental health or child development, if we believe additional insight would guide us to better decisions.

3. Most clients don’t want to swordfight in the coliseum when they are suffering.

We have been trained in courtroom tactics and we have extensive trial experience. Yet statistically, only a small number of cases actually go to trial, and most clients shudder at the thought. Going to court and turning over the outcome to someone who only hears parts of the story, spending large amounts of money on legal fees, and being publicly humiliated can re-wound our client. So can an uncaring or rude opposing lawyer who minimizes our client in front of everyone in the courtroom.

Instead, we put ourselves in the client’s chair, and rather than preparing from day one to go to war we pursue peacemaking efforts. We develop a strategy for conflict resolution through the most peaceful and least expensive path available. We view one of our most important roles to be a wise guide walking alongside clients and keeping them thinking clearly.

4. Lawyers acting as peacemakers must exude leadership, firmness and wisdom.

Being compassionate doesn’t mean being a push over. When did it become a sign of weakness to care about our fellow human being and to try to keep families from further pain and humiliation?

In dispensing compassion we use many important skills including negotiation, mediation, collaborative law, creative problem solving, conscious contracting, coaching and listening. We help our client identify what they really need even if they are unclear themselves. This is not the work of wimps or people who want to “hug it out.”

We are grateful to be able to practice law in a way that is authentic for us, and to help clients and their families in ways that move them forward.

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TREES ON A LAWYER WEBSITE?!

logo jpegRecently my law partner and I launched our new website.

We wanted a look that demonstrated that we aren’t just your “ordinary lawyers.” We ended up with a prominent display of trees.

Why does the website of Stamatelos & Tollakson prominently display trees?

We chose imagery that depicts our alliance in compassionate lawyering, as well as the journey we take with our clients in times of family crisis. When we began working with our web designer, they showed us numerous logos with letters, symbols and other traditional graphics. Although skillfully designed, they didn’t seem to speak for what we try to provide through our work as Central Iowa divorce attorneys at Stamatelos & Tollakson.

Ultimately, we landed on a drawing of two strong trees standing over a smaller, barren tree. We feel this most accurately demonstrates our philosophy and the synergy we create between lawyer and client.

What do trees represent?

Antiquity and enduring strength. The roots of our law firm began with Kim’s father, Dan Stamatelos, who was born in 1934 and began practicing law in West Des Moines in the 1950’s. Kim continued the legacy beginning in 1982 and Ashley joined her in 2015. Both Ashley and Kim are lawyers educated by Drake University Law School, an institution that began educating lawyers in 1865. These roots provide us with strong direction and a clear sense of purpose.

Expansive canopy of protection and shelter. Clients who come to our firm are often wounded, hurting, grieving and lost. They may be suffering from depression, betrayal, financial hardship, fear and disappointment. We want them to feel safe telling us their stories and sharing their fears. We are strong active listeners and we zealously guard confidences. Our clients feel safe and protected when they work with us, like one does when sitting under a tree with vast protective branches.

Intuition and inner wisdom. A tree gathers its experience from the earth and intuitively moves that life force through its foundation. While we are educated and experienced in legal matters, we also find that life experience and inner wisdom is an integral part of our work. It’s not only our inner wisdom and experience, it’s helping our clients tap into their inner wisdom. Together we use these resources to design a customized approach to peacefully resolving our clients’ family conflicts.

Balance and transformation. Since we live in the Midwest, we are used to seeing trees lose their leaves and become barren. Yet we know that in Mother Nature’s perfect timing, they will regenerate and bloom again. Fruit-bearing trees will bear new fruit, leaves will blossom and flower buds will open. Providing hope and encouragement to our clients, and reminding them that this will happen in their own lives, is part of the joy of being a family lawyer.

Rooted in the earth but dancing in the sky. Clients have their past and history, and those stories remain deep in the roots of their lives. Many of them have left marriages willingly and others under protest, but all have an opportunity for new beginnings that cause them to grow, stretch and transform. We help clients look upward to the future, and encourage them to use the divorce or family conflict as a chance for personal transformation and to soar into the future that they choose for themselves.

We hope that you will visit our website at

http://www.thecompassionatealliance.com

 

Lawyers: A Secret Weapon in Marriage Preservation

cakes-i-made-078As the court expands the definition of marriage, lawyers in the trenches guide couples through the painful process of divorce. Some cases involve blended families, some are high conflict, and some have children caught in the crossfire of parents divorcing for a second or third time.

Traditionally, family lawyers have been surgeons dismantling marriages with a scalpel of skilled advocacy in a courtroom, mediation or collaborative four way meeting. Until now family lawyers, and lawyers in general, have overlooked our role as a resource for another option: marriage preservation.

A group of collaborative lawyers in Minnesota noticed some clients who came for consultations had mixed feelings about whether to divorce. In response, they teamed with University of Minnesota professor Dr. Bill Doherty and his marriage therapist colleagues, to explore the issue. Guided by studies that show one year after divorce 31% of men and 13% of women said, “I wish I had worked harder to save my marriage,” and research that showed 50% of divorces were from low-conflict marriages, the lawyers and therapists named this phenomenon “divorce ambivalence.”

According to Dr. Doherty, people considering divorce will reach out to friends, family, coworkers and divorce lawyers hoping to gain insight in the decision making process. As leaders in our social circles, lawyers are often these “marital first responders” among our friends and family, in addition to those clients who seek our services. Doherty’s research concludes that marital first responders have a great influence over whether these people actually divorce.

Although Iowa is a “no fault” state, people usually describe the reasons they are considering divorce. In Doherty’s studies the “hard issues” (abuse, addiction, adultery) are less frequently cited. Instead it’s mostly “soft issues” such as lack of attention from one’s spouse, money problems, inability to talk together or a spouse’s personal habits.

Doherty finds all marital first responders can influence the following depending on the advice they offer:

  1. Whether a couple ultimately divorces;
  2. Whether a couple talks through ambivalence so they gain clarity on whether that divorce is the best option for them;
  3. Whether a couple “airs out” the emotion and reasons for the choice to divorce, or carries unresolved emotion into a divorce proceeding.

Iowa Code Section 598.16, provides for “conciliation,” upon the motion of one party. In my experience, court orders forcing marriage counseling only guarantee a body sitting in a chair at a counselor’s office. Marriage counseling of unknown duration sounds unappealing to a spouse who may have one foot out the door. Many lawyers tell a client NOT to talk to their spouse, resulting in suppressed emotions while the lawyers begin to plan for battle.

Responding to this gap in resources, Dr. Doherty developed “discernment counseling” a counseling protocol of 1-5 sessions directed at the specific question “Should we get divorced?” not “How can we save our marriage?” After completing training for lawyers on this discernment protocol, members of my collaborative law practice group have begun to suggest discernment counseling to clients. We have also recruited some local marriage counselors to travel to Minnesota to train with Dr. Doherty.

Discernment counseling creates a “pause” before jumping into divorce. At the first session, the couple begins a conversation about whether they should continue in the marriage in it’s present state, commit to a fixed term of six months of intensive marriage counseling, or divorce. They identify as “leaning in” or “leaning out” of the marriage.

I notice a number of positive byproducts in my clients who have chosen discernment counseling.

  1. Spouses resisting divorce who may otherwise create barriers are less combative, indecisive, and feeing “pushed” by the divorce process and court deadlines;
  2. Strong emotions move out of the way faster, so I can offer higher quality legal work due to less triage of emotional outbursts;
  3. Couples easily plan healthy scripts to tell the children about the divorce together, so that one spouse doesn’t hijack the conversation to try to vindicate blame.
  4. The couple feels like they truly exhausted all options before divorcing.
  5. Couples work better as a team, often opting into collaborative divorce and creating a “softer landing”.

Although I am unaware of studies indicating how many marriages are preserved in this process, I am sure there are some. In each of my consultations I carefully guide clients through a discussion about whether the marriage can be saved before rushing into filing for divorce. I mention it often when I serve as a mediator, especially as I detect ambivalence in the stories I hear. I can’t remember ever having any potential client be put off by this and instead I have had incredibly good responses to this approach, including from the clients who have opted for discernment counseling then come back to go through with divorce.

Each of us is likely to be a marital first responder at some time, either professionally or personally. Do we say, “I’m so glad you are finally leaving him/her!” even when we are approached by friends or family? Or will we encourage those in crisis to reflect carefully about their decision to divorce? In our legal practice, should lawyers take down initial data and run to the scanner to e-file a divorce at the first visit? Or are we better gatekeepers for families in every walk of life to realize the influence we have on those contemplating divorce, and to encourage the possibility of a “pause?”

I know I have felt an increase in my effectiveness and satisfaction as an advocate for families, by providing a deeper exploration of divorce ambivalence with those who seek my guidance.

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MORNING LATTE

 

“Your relationship with God is the same as your relationship with the sun.  If you hid from the sun for years and then chose to come out of darkness, the sun would still be shining as if you had never left.  You don’t need to apologize.  You just pick your head up and look at the sun.  It’s the same way when you decide to turn toward God-you just do it.” -The Untethered Soul p. 179

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Being an absolute morning person I like to rise at 5 a.m. or sometimes earlier. Every day after the divorce, I would get out of bed, thanking God for the new day.  The first thing I would do was walk to the table next to my favorite overstuffed chair in the living room and light a single white taper candle, a tradition that began with Father A’s gratitude exercise.  My time in the morning solitude increased after returning from the women’s monastery.

In Greek Orthodoxy lighting candles represents Christ as the light. Every morning after I light the candle, I go make my latte. I look across the dark quiet living room from the kitchen at the flickering flame and I feel it’s God beckoning me to come and spend time together.

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Ithaca

One of the most beautiful gifts my ex husband FP ever gave me was introducing me to the poem Ithaka by Greek poet Constantine Cavafy. I loved it from the minute he read it to me, when we were newly married and he was sharing the books that he loved. When he read it to me my heart felt so full, not only from the contents of the poem but from the idea that a man I loved was reading me poetry.

As a gift back to him, I searched until I found a photo frame shaped like a sailboat, which I found during one of my trips to Arizona. I typed a portion of the Ithaka poem so it fit inside the frame, giving it to him to keep on his desk as a reminder of our journey together. It was so precious to me that X years later I asked him for the frame back when we parted and I was grateful, but at the same time disappointed,when he willingly turned it over without protest as though it meant nothing to him. Continue reading

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