Latest / The Dr. Sarah Hensley Show / Episode 14, Season 2: Mending Hearts & Homes: The Power of Mediation with Joe Dillon of Equitable Mediation
Transcript
- 0:11Speaker 1: Welcome to the Love Dog Podcast.
- 0:13Speaker 2: I'm your co host Raina Butcher here with our host,
- 0:16Speaker 2: doctor Sarah Hinsley, the founder and CEO of the Love
- 0:18Speaker 2: Dog Relationship coaching services and the Love Dog Podcast. You
- 0:22Speaker 2: can find her at the lovedoc dot com and on
- 0:25Speaker 2: all social medias at doctor Sarah Hinsley.
- 0:28Speaker 1: Hey, Hey, hey, Hey, how are you.
- 0:30Speaker 3: I am good, A little bit jet lagged again.
- 0:33Speaker 4: It was the first week of school, which does mean
- 0:37Speaker 4: that car line relationship advice is bad. And I think
- 0:40Speaker 4: people are excited about that and I love doing that,
- 0:44Speaker 4: but I do feel almost jet lagged because I was
- 0:47Speaker 4: getting up at like eight am and now I'm getting.
- 0:49Speaker 3: Up at six am.
- 0:50Speaker 2: It's a big difference, like it's still dark outside when
- 0:52Speaker 2: you're working.
- 0:53Speaker 3: Yes, right, you know.
- 0:55Speaker 4: I have an eight year old, I have a fourteen
- 0:57Speaker 4: year old. I have two beautiful step children seven and
- 1:04Speaker 4: almost thirteen, and so we have a lot going on.
- 1:08Speaker 2: I can attest to the fact that doctor Hensley has
- 1:12Speaker 2: a lot going over alone.
- 1:14Speaker 3: That is the joke.
- 1:14Speaker 4: Yeah, that is the joke that I literally am never
- 1:17Speaker 4: if I like drive to target maybe to get something,
- 1:20Speaker 4: then I'm alone.
- 1:20Speaker 1: But yeah, and then there's me who.
- 1:23Speaker 3: Is perpetually alone.
- 1:24Speaker 2: Yeah, he's perpetually alone because I have a husband who
- 1:26Speaker 2: works long shift hours and now my son has spread
- 1:31Speaker 2: his wings and is off to college. I just moved
- 1:34Speaker 2: him in this week, so I'm officially in my empty nest.
- 1:38Speaker 4: Error, my goodness, that is one of the joys of
- 1:41Speaker 4: having kids younger. Yeah, Whereas I had my youngest almost
- 1:44Speaker 4: at thirty five, So I'm just like, I'm.
- 1:48Speaker 3: Going to be just so old. Here's the downfall.
- 1:53Speaker 2: I will say, like I'm forty two, and I feel
- 1:56Speaker 2: like I still have so much energy, if not more
- 1:59Speaker 2: inner now than I did, you know, at twenty three
- 2:02Speaker 2: twenty four when I had him, And I like myself
- 2:06Speaker 2: a lot better. I'm more grounded in who I am,
- 2:09Speaker 2: and so I don't totally feel ready to be an
- 2:13Speaker 2: empty nester. Like I could say, like if I was
- 2:15Speaker 2: fifty two, I would feel a lot more prepared and ready,
- 2:19Speaker 2: like that I'd spent a longer amount of time parenting,
- 2:24Speaker 2: and it just, you know, that's I think, the not
- 2:27Speaker 2: a downfall per se, but like having just one child,
- 2:30Speaker 2: you know, like my mom was a parent for twenty
- 2:32Speaker 2: six years because she had four children, Like I only
- 2:34Speaker 2: got the eighteen years right, like that was it and
- 2:37Speaker 2: then it's over and you're like you mourn it, you
- 2:40Speaker 2: mourn it, and it's it's you know, it's it's there
- 2:42Speaker 2: are new feelings that you will never feel until you're
- 2:46Speaker 2: in it. Yeah, and it's it's both feelings of happiness
- 2:51Speaker 2: and tons of joy and also like being in a
- 2:54Speaker 2: relationship with someone who doesn't want to be in a.
- 2:56Speaker 1: Relationship with you, Like that's pretty much what I feels like.
- 3:01Speaker 2: But anyway, so we always like to give a little
- 3:03Speaker 2: summary of our lives.
- 3:04Speaker 4: Spooking of not wanting to be in a relationship with
- 3:07Speaker 4: someone anymore.
- 3:08Speaker 3: We have a very special guest today. Why don't you
- 3:11Speaker 3: introduce it?
- 3:11Speaker 2: Yeah, so Joe Dylan is with us today, and we
- 3:15Speaker 2: are super excited to have you on, Joe because he
- 3:18Speaker 2: has a very unique set of skills that I think
- 3:23Speaker 2: we'll really educate our listeners on some things that honestly,
- 3:27Speaker 2: I didn't even know until you just told us prior
- 3:30Speaker 2: to prior to us starting to record, which was that
- 3:35Speaker 2: so you mediate for people who are going through divorces.
- 3:39Speaker 2: But here's the kicker, Joe is not an attorney. So
- 3:43Speaker 2: I'm going to let you introduce yourself, give our listeners,
- 3:46Speaker 2: just sort of a synopsis summary of who you are
- 3:49Speaker 2: and what you do.
- 3:51Speaker 5: All right, well, thanks for having me.
- 3:52Speaker 6: Absolutely, it is an interesting job that I have no
- 3:55Speaker 6: question about it. So I'm a divorce mediator. I've been
- 3:59Speaker 6: mediating for twenty eight years. I've been in private practice
- 4:02Speaker 6: for seventeen and really I help people get a divorce
- 4:06Speaker 6: without a lawyer if they so choose. So I don't
- 4:09Speaker 6: represent either a party. I advocate for both of them
- 4:12Speaker 6: and their children. I bring them through our own proprietary process,
- 4:16Speaker 6: including forums, worksheets, videos. We have direct negotiations to help
- 4:21Speaker 6: them resolve all the issues they need to get their
- 4:24Speaker 6: divorce draft up, their agreement, and then I send them
- 4:27Speaker 6: on their way. So it's an interesting job in the
- 4:30Speaker 6: sense that most people think you need an attorney to
- 4:34Speaker 6: get a divorce, but there is no law anywhere that
- 4:37Speaker 6: says you must have an attorney. Some people choose to
- 4:41Speaker 6: some think that I have to call a lawyer. On
- 4:43Speaker 6: the other hand, many folks say to themselves, we'd like
- 4:46Speaker 6: to avoid using attorneys, no disrespect to those in the profession.
- 4:50Speaker 6: So all my best friends are attorneys, right, But there
- 4:53Speaker 6: are cases where if you have an amicable divorce where
- 4:56Speaker 6: a client couple wants to move forward peacefully, they have kids,
- 4:59Speaker 6: they don't want to drag it out, they don't want
- 5:01Speaker 6: to spend a ton of money. Mediation is a great option.
- 5:04Speaker 6: So that's exactly what I help people do.
- 5:06Speaker 2: Yeah, and that is so beautiful. And I think this
- 5:09Speaker 2: is this is such a great way. Even though our
- 5:12Speaker 2: Family Court series was you know, a couple like a
- 5:15Speaker 2: month or so ago, this is a great episode to
- 5:18Speaker 2: listen to if you listen to that series, because I
- 5:21Speaker 2: think this is an episode that can give people hope,
- 5:24Speaker 2: right right, because you see people who actually come into
- 5:26Speaker 2: your practice who are peaceful about a divorce, and if
- 5:32Speaker 2: you and and then if they're not totally there, you
- 5:36Speaker 2: could help them get there.
- 5:38Speaker 1: Correct.
- 5:39Speaker 2: Yeah, Yeah, absolutely, And I think that's no. I was
- 5:42Speaker 2: just gonna say, I think that's really beautiful and it
- 5:44Speaker 2: can give people hope because divorce is so scary. Divorce
- 5:47Speaker 2: is so scary for the financial reason, for you know,
- 5:51Speaker 2: the assets reason, and of course for the children, you know,
- 5:54Speaker 2: because it really traumatizes the children.
- 5:56Speaker 3: So go ahead, duck.
- 5:58Speaker 4: Yeah, I was going to say, you know, everybody is
- 6:01Speaker 4: so scared of divorce because of the conflict and especially
- 6:05Speaker 4: because of the impact on children. And what I try
- 6:08Speaker 4: to tell people is there's this nuance in the science. Yes,
- 6:11Speaker 4: divorce is kind of this global or general risk factor
- 6:15Speaker 4: for children, but when we get nuanced about it, we
- 6:19Speaker 4: really see that the way that the divorce is handled
- 6:22Speaker 4: is the biggest moderator of the impact.
- 6:24Speaker 3: On the children.
- 6:26Speaker 4: If a divorce is extremely nasty and parents can't get
- 6:29Speaker 4: along and they don't cooperate and they're not good co parents,
- 6:31Speaker 4: and they parentify their children and put them in the middle,
- 6:34Speaker 4: then we see really negative effects of divorce. But when
- 6:37Speaker 4: we see people that go through divorce amicably and they
- 6:41Speaker 4: are good, securely attached co parents, and securely attached parents
- 6:46Speaker 4: to their kids and amical co parents to each other,
- 6:50Speaker 4: then we don't see divorce being this huge risk factor
- 6:53Speaker 4: on kids' mental health and you know, likelihood of success
- 6:57Speaker 4: in life. So I do think what you do is
- 6:59Speaker 4: really awesome, but I do have a question of.
- 7:03Speaker 3: How much do.
- 7:05Speaker 4: You see people trying to be amicable and then you
- 7:09Speaker 4: see sort of a degradation of the process where you
- 7:13Speaker 4: really have to work hard to bring people back to
- 7:16Speaker 4: an amicable and amicable place because divorce tends to bring
- 7:21Speaker 4: out the worst in people in ways that I think
- 7:23Speaker 4: they don't expect going in. I know, my first marriage
- 7:27Speaker 4: ended in divorce, and even though it was a very
- 7:29Speaker 4: abusive marriage, my husband really he didn't like to spend
- 7:34Speaker 4: a lot of money.
- 7:34Speaker 3: He didn't want to spend a lot of money.
- 7:36Speaker 4: We tried to work out as much as we could
- 7:40Speaker 4: in the beginning, like without anybody, and that was probably
- 7:43Speaker 4: a mistake, and then it got really ugly and really nasty,
- 7:47Speaker 4: and we ended up both spending way more in attorney fees,
- 7:51Speaker 4: and then we even had to I basically said I
- 7:53Speaker 4: had to go back and do my divorce a second
- 7:55Speaker 4: time because we rushed it and we just wanted to
- 7:58Speaker 4: get it over with and we missed a lot, and
- 8:02Speaker 4: even with attorneys, we missed a lot of things that
- 8:05Speaker 4: I should have had in place to protect myself. And
- 8:07Speaker 4: I had to go back and we had a almost
- 8:10Speaker 4: had a trial, or trial got pushed back. We went
- 8:13Speaker 4: through mediation. We literally got things what I thought was
- 8:17Speaker 4: kind of hammered out. I was still wanting to go
- 8:20Speaker 4: through trial because I didn't get everything that I needed
- 8:22Speaker 4: because there was a lot of really significant problems.
- 8:25Speaker 3: And then he passed away two weeks later.
- 8:27Speaker 4: But the mediation at least gave me some protections that
- 8:31Speaker 4: I felt like I needed. But it still it didn't
- 8:35Speaker 4: cover everything. So I guess my question is, and saying
- 8:39Speaker 4: all that is, do you see the process break down?
- 8:42Speaker 4: And when it does, what are your strategies for getting
- 8:47Speaker 4: people back to a more amicable place.
- 8:51Speaker 5: Yeah.
- 8:51Speaker 6: So, in our practice, most of the people who come
- 8:56Speaker 6: and work with us are what we would say self selective, right.
- 9:00Speaker 6: They are the ones who say, we want an amicable divorce,
- 9:03Speaker 6: we want to have this be peaceful. So our private practice,
- 9:08Speaker 6: we don't see a lot of people who are in
- 9:10Speaker 6: real high conflict. We screen, we ask a lot of questions,
- 9:14Speaker 6: we have an intake, we have an initial meeting even
- 9:17Speaker 6: before they become clients. That's not to say, as you said, Doc,
- 9:21Speaker 6: that in the middle of this process it can get heated.
- 9:24Speaker 6: It's by definition a conflict a divorce. So these individuals,
- 9:29Speaker 6: when we have folks like that, the enemy of my
- 9:33Speaker 6: enemy is my friend. The court system, as we know,
- 9:37Speaker 6: is really kind of broken. When we work at the
- 9:40Speaker 6: court system, I am so impressed by the people judges, clerks,
- 9:46Speaker 6: people who work in the court system. They do the
- 9:48Speaker 6: yeoman's work.
- 9:49Speaker 5: They are.
- 9:50Speaker 6: My goodness, I would never want that job. Those folks
- 9:54Speaker 6: are working day and night, shorthanded short budgets and they're
- 9:58Speaker 6: doing the very best they can, and you don't want
- 10:01Speaker 6: to get into that system. So as a mediator, I'm
- 10:04Speaker 6: able to say to people, listen, we can figure it
- 10:08Speaker 6: out here, or we can send you off to the
- 10:10Speaker 6: court system. And you all know what that's about. You're
- 10:14Speaker 6: not going to get a good result. You're not going
- 10:16Speaker 6: to get this done amicably. You're not going to be
- 10:18Speaker 6: done in less than a year or two or three.
- 10:22Speaker 6: Why don't we settle it here, Come on back to
- 10:24Speaker 6: the table. I know we can do this. I'm almost,
- 10:27Speaker 6: in effect a cheerleader trying to get people to stay around,
- 10:31Speaker 6: So that's like a coach, tell them, yeah, absolutely, like
- 10:35Speaker 6: hang with me.
- 10:36Speaker 5: I know we can do this.
- 10:37Speaker 6: And one of the things that we share with people
- 10:39Speaker 6: is that we have a ninety eight percent case resolution rate.
- 10:42Speaker 5: Now, industry is.
- 10:44Speaker 6: Mediation is about seventy percent. So when we talk to people,
- 10:47Speaker 6: we tell them you have a ninety eight percent chance
- 10:50Speaker 6: of getting through this if you just stay with us.
- 10:53Speaker 5: Just hang in there. We hope they do, and more
- 10:57Speaker 5: often than not, they do.
- 10:58Speaker 6: Maybe a handful of clients have gone by the wayside, right,
- 11:02Speaker 6: that's how we do it.
- 11:03Speaker 1: We keep them and I'm sure too.
- 11:05Speaker 2: You know, the children are always a wonderful point to
- 11:08Speaker 2: bring up to people when they're going through mediation and
- 11:12Speaker 2: they do want it to be peaceful. Is you know,
- 11:15Speaker 2: you always bring the parents back to the child or
- 11:18Speaker 2: children and say, well, don't you want the best for
- 11:21Speaker 2: the children, don't you?
- 11:22Speaker 3: You know?
- 11:22Speaker 1: And I think that most you know, people that.
- 11:25Speaker 2: Are are rational are able to say, you know, are
- 11:29Speaker 2: able to say yes, of course, yes, we want what's
- 11:32Speaker 2: best for our children. We want to work together, we
- 11:34Speaker 2: want to we want to co parent constructively. And you know,
- 11:39Speaker 2: I think one thing that could be really really great
- 11:41Speaker 2: about mediation and doing it peaceful is it really sets
- 11:45Speaker 2: parents up to know how to co parent, because co
- 11:49Speaker 2: parenting is complex, and it's complex even.
- 11:53Speaker 1: When you are peaceful.
- 11:55Speaker 3: Right.
- 11:56Speaker 2: So because it's it's new, right, you're you're you're creating
- 11:59Speaker 2: these new you know, uh dynamics with your families. And
- 12:03Speaker 2: so I think mediation could be beautiful and setting people
- 12:07Speaker 2: up properly to learn how to co parent together. And this,
- 12:11Speaker 2: this just gives people so much hope because I know
- 12:14Speaker 2: you know, I see a lot of messages that come
- 12:16Speaker 2: into Doc's practice. A lot of times people are just terrified, right,
- 12:23Speaker 2: they know they need to get a divorce, but they're
- 12:26Speaker 2: just absolutely terrified to do it.
- 12:29Speaker 1: Now.
- 12:30Speaker 2: A lot of times there are abusive situations, which I think,
- 12:33Speaker 2: of course, maybe mediation isn't always right for that, but
- 12:37Speaker 2: a lot of times it's just finance based, right, It's
- 12:39Speaker 2: just because they're scared of what the financial situation will
- 12:43Speaker 2: be after that, or what the child situation will be
- 12:46Speaker 2: after that. And so I think that you know, what
- 12:49Speaker 2: you offer is beautiful. So I just want to know,
- 12:53Speaker 2: are there certain types of and you've sort of already
- 12:56Speaker 2: answered this, but maybe like give a real life example,
- 12:59Speaker 2: of course without like saying names, but are there certain
- 13:02Speaker 2: couples or situations where mediation really works best.
- 13:07Speaker 6: Let's see, there are a few that come to mind.
- 13:11Speaker 6: One is we we have child focused parents. So these
- 13:15Speaker 6: are individuals where they both work, they both are actively
- 13:20Speaker 6: involved in their kids' lives. We call them, you know,
- 13:22Speaker 6: the all in mom, the all in dad. Dad's the coach.
- 13:25Speaker 6: Mom's the coach, these kinds of things. Those folks definitely, right,
- 13:29Speaker 6: as you said, can put the kids first and really
- 13:32Speaker 6: focus their their agreement on what's best for them, truly
- 13:37Speaker 6: what's best for them, not what is really best for us,
- 13:40Speaker 6: but we're going to pretend it's.
- 13:41Speaker 5: Best for them.
- 13:42Speaker 6: Yeah, right, and not another dynamic which I really I
- 13:46Speaker 6: enjoy working with given my background. My background is in
- 13:49Speaker 6: finance and negotiation. I tend to work with a lot
- 13:52Speaker 6: of high net worth couples where we have C level
- 13:56Speaker 6: executives vps. Folks like that we have a dynamic where
- 14:00Speaker 6: we have one person who works outside the home and
- 14:02Speaker 6: one person who works inside the home. Those individuals where
- 14:06Speaker 6: they each respect and recognize each other's roles. Those are
- 14:10Speaker 6: wonderful clients despite their income difference. The person who works
- 14:15Speaker 6: outside the home isn't saying that formula is unfair. I'm
- 14:19Speaker 6: paying all this child support. They say, you know what,
- 14:22Speaker 6: I could never have done what you did? You know,
- 14:26Speaker 6: person who worked inside the home. We work with what
- 14:29Speaker 6: we would call moms and dads right who are who
- 14:32Speaker 6: are raising kids. It's not just mom anymore, it's dad too,
- 14:35Speaker 6: or sometimes do that, and they're willing to provide the
- 14:38Speaker 6: resources whatever it takes. They'll live in a studio apartment
- 14:41Speaker 6: if the kids can stay in the house. They'll just
- 14:44Speaker 6: make sure. And those situations are wonderful when you have
- 14:47Speaker 6: that parent, for example, as I said, you've got someone
- 14:51Speaker 6: who's going to stay in the house, and let's say
- 14:53Speaker 6: it's dad, who's going to just have that studio apartment.
- 14:56Speaker 6: That sends such a strong message to the kids and
- 14:59Speaker 6: to the the other soon to be at that says
- 15:02Speaker 6: I really do still care about you and about my family.
- 15:05Speaker 6: And we'll see those folks spending holidays together and having
- 15:08Speaker 6: dinners together at the house and you're like, Wow, this
- 15:11Speaker 6: is fantastic. That's our ideal situation. Those kinds of clients
- 15:16Speaker 6: really tend to work best in mediation where they each
- 15:19Speaker 6: acknowledge the role the other party has played and value
- 15:23Speaker 6: it equally.
- 15:24Speaker 5: So that's what I would say.
- 15:25Speaker 1: And I'm so envious that you get to see this
- 15:27Speaker 1: beautiful side.
- 15:27Speaker 3: Of divorce, yes, because I think I.
- 15:30Speaker 1: See I seen the ugly side, the fly.
- 15:35Speaker 4: Side as well, been through mediation myself. I think in
- 15:40Speaker 4: my mediation process it really wasn't I think we had
- 15:42Speaker 4: a good mediator. It wasn't as terrible as I thought
- 15:46Speaker 4: it was going to be. But I have also been
- 15:49Speaker 4: close to another situation where basically the other party sat
- 15:56Speaker 4: and mediation and just said absolutely not to everything that
- 15:59Speaker 4: was put on the table, and they got one hundred
- 16:01Speaker 4: percent of their way, and it was either go to trial,
- 16:05Speaker 4: and we already knew that things were not going to
- 16:11Speaker 4: be that things were going to be biased. And at
- 16:14Speaker 4: the end of the day, this person who I am
- 16:18Speaker 4: close to, who went through the mediation just gave up
- 16:22Speaker 4: and got nothing, got absolutely nothing that was best for
- 16:25Speaker 4: the child. And the other party was so incredibly selfish,
- 16:30Speaker 4: not wanting anything that was best for the child, but
- 16:34Speaker 4: just what was best for her. And it was really
- 16:38Speaker 4: sad at the end of the day. And we ended
- 16:41Speaker 4: up the court made us pay for mediation because she
- 16:44Speaker 4: couldn't pay for it because of her financial situation, So
- 16:48Speaker 4: we basically paid for an entire mediation where we got nothing.
- 16:52Speaker 4: And So what do you have to say about those
- 16:54Speaker 4: types of situations when you hear a story like that,
- 16:56Speaker 4: what comes up for you?
- 16:58Speaker 2: Well, I know you think you've had your own I
- 17:01Speaker 2: was going to say, you've had your own personal experience
- 17:03Speaker 2: with also seeing the ugly.
- 17:07Speaker 1: With your childhood.
- 17:08Speaker 6: Yeah, I'll get to that in a second. But to
- 17:11Speaker 6: answer the doctor's question, that's the classic impasse. That person
- 17:17Speaker 6: there's no you know, reasoning with that person, And all
- 17:20Speaker 6: I can think of is that poor kid or those
- 17:24Speaker 6: poor kids people. When you have children involved, and we
- 17:28Speaker 6: all know this as parents, you know this. If you
- 17:32Speaker 6: ever want, if you ever want to have some secrets
- 17:36Speaker 6: spread around the neighborhood, tell a kid and say to them,
- 17:40Speaker 6: do not tell anyone this, right. Children absorb things. They
- 17:45Speaker 6: shout it out from the rooftops. They model behavior. So
- 17:48Speaker 6: say you're in the kitchen and you cut your finger
- 17:50Speaker 6: while you're slice and a vegetable, and you swear you're
- 17:53Speaker 6: going to run around the house swearing this thing. Modeling
- 17:59Speaker 6: is huge. And so when you're in those situations and
- 18:02Speaker 6: that child or those children at that time, they might
- 18:05Speaker 6: not be old enough to understand what's happening. But trust
- 18:07Speaker 6: me when I tell you ten twenty thirty years down
- 18:10Speaker 6: the road, those kids are going to have a lot
- 18:12Speaker 6: of deep seated issues. They're going to need to do
- 18:14Speaker 6: a lot of work. And unfortunately, they might not recognize
- 18:18Speaker 6: they need to do work on themselves, because if they're
- 18:22Speaker 6: coming from that situation where there's an individual who's just
- 18:25Speaker 6: so self centered, they don't recognize that, oh, this is
- 18:27Speaker 6: a problem that just spurs another generation of that, and
- 18:31Speaker 6: unfortunately we do see that, We do see people who
- 18:34Speaker 6: do that, and sometimes there's just no getting around it.
- 18:37Speaker 6: And then you ask yourself not only the financial we
- 18:40Speaker 6: also say the biggest cost of divorce is not financial,
- 18:44Speaker 6: it's emotional. You have to ask yourself. Do I walk away, rebuild,
- 18:51Speaker 6: reconnect with myself and just shake off what happened despite
- 18:55Speaker 6: how unfair it was, and live my life, or do
- 18:58Speaker 6: I just stay in the mind and keep battling and
- 19:00Speaker 6: battling and battling for as you said, what nothing.
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- 21:18Speaker 4: Crux right there, of what you just said was what
- 21:21Speaker 4: exactly transpired, and you know the situation it was. It
- 21:27Speaker 4: seemed like a no brainer, but we we you know,
- 21:33Speaker 4: there was so much fighting involved, and it was basically
- 21:37Speaker 4: a situation where mom had made child truant from school
- 21:41Speaker 4: several years in a row, was not actively involved in school.
- 21:46Speaker 4: The school the child was attending in mom's district was
- 21:48Speaker 4: a failing school, and the child in dad's district or
- 21:53Speaker 4: the school in dad's district was like an a school
- 21:57Speaker 4: and dad had been paying for tutoring to catch the
- 21:59Speaker 4: child because of the truancy there had been there. You know,
- 22:02Speaker 4: test scores were low and a child was behind and
- 22:06Speaker 4: a friend of the court just said where, hey, kid,
- 22:09Speaker 4: where do you want to go to school? And kid says, well,
- 22:11Speaker 4: I kind of want to stay where I'm at. I
- 22:13Speaker 4: have friends. So a friend of the court said, okay,
- 22:15Speaker 4: well we keep them in where he's at. And then
- 22:18Speaker 4: it became about, well, you know, this is what the
- 22:22Speaker 4: kid wants. So court friend of the court who's going
- 22:25Speaker 4: to advise a judge just says, keep them where he's at,
- 22:28Speaker 4: and the bigger issues of truancy and you know, neglect
- 22:33Speaker 4: and being in a subpar school district just didn't seem
- 22:36Speaker 4: to matter. And then so basically, you know, you're forced
- 22:40Speaker 4: to the table at that point. You're forced to go
- 22:42Speaker 4: to mediation at that point because you know what the
- 22:44Speaker 4: outcome is going to be. Because you know that these
- 22:46Speaker 4: friend of the courts are the guardian ad items or
- 22:48Speaker 4: the parenting coordinators. Most of the time, their input weighs
- 22:53Speaker 4: so heavy on the judge, and so you have that upfront,
- 22:58Speaker 4: and so it's either we can go to the mediation
- 23:00Speaker 4: table and see if we can get some some compromise,
- 23:04Speaker 4: or we can go pay thirty thousand dollars for a
- 23:07Speaker 4: trial when you already know what the outcome is going
- 23:09Speaker 4: to be. And it played out exactly as you know,
- 23:14Speaker 4: Dad thought it would play out, which was get We're
- 23:17Speaker 4: going to get nothing, and Mom's going to stick her
- 23:20Speaker 4: heels in and say I know I have the upper hand,
- 23:23Speaker 4: So who cares about what?
- 23:24Speaker 1: And then nothing changes? Nothing change, nothing, nothing changes, nothing
- 23:28Speaker 1: has changed.
- 23:29Speaker 6: I think there's an important point to be made there, doc,
- 23:31Speaker 6: and that's in mediation, at least in private mediation. We
- 23:35Speaker 6: don't do court ordered mediation. We only do private and
- 23:39Speaker 6: in mediation, the parties decide. And you put it perfectly,
- 23:43Speaker 6: when you enter the court system, a stranger decides.
- 23:46Speaker 3: Who is a stranger.
- 23:48Speaker 6: This parenting coordinator certainly wonderful person. Want to always give
- 23:53Speaker 6: shout out to the people who do this difficult work.
- 23:56Speaker 5: But this person may not even have met your.
- 23:59Speaker 4: John people right right, they talk to the child for
- 24:03Speaker 4: five minutes five five?
- 24:06Speaker 3: Where do you want to go to school?
- 24:07Speaker 5: For the kid?
- 24:08Speaker 6: Where do you want to go to school? If you
- 24:09Speaker 6: ask the kid what do you want for dinner? They're
- 24:11Speaker 6: going to say cake and ice creamer, right, they give them.
- 24:14Speaker 4: And ice And I was absolutely I was a little dumbfounded, Like,
- 24:17Speaker 4: since when did we let six year olds make decisions
- 24:20Speaker 4: about what's best for them?
- 24:21Speaker 3: Right?
- 24:23Speaker 4: But that, honestly it shows the flaws in the family
- 24:26Speaker 4: court system.
- 24:27Speaker 3: They're overburdened.
- 24:29Speaker 4: We know that there can be corruption, especially in small towns.
- 24:33Speaker 4: We had Christine Miller on the podcast, who is the
- 24:35Speaker 4: founder of Judge, and she's doing so much work and
- 24:38Speaker 4: exposing corruption and family court and yes, there, like you said,
- 24:41Speaker 4: there are so many systems where people are doing the
- 24:44Speaker 4: best that they can and they're honorable people. And then
- 24:46Speaker 4: there's also systems that we might see, say in central
- 24:51Speaker 4: or eastern Kentucky. They're very very small towns, very close
- 24:55Speaker 4: knit communities, where it's the same actors and they kind
- 24:58Speaker 4: of all know each other and they're going to attacked
- 25:00Speaker 4: each other, and so you just don't know what you're
- 25:02Speaker 4: going to get when you go into that court system.
- 25:05Speaker 4: You don't know if you're going to have a set
- 25:06Speaker 4: of actors that are honorable, reliable people, or whether you're
- 25:09Speaker 4: going to be hometowned or.
- 25:10Speaker 3: Home cooked as they called it.
- 25:13Speaker 4: You don't know you're putting your the most important important
- 25:19Speaker 4: thing in your life, which is your children, and then
- 25:23Speaker 4: second to that your assets and what can support you
- 25:27Speaker 4: financially in the hands of complete and total strangers, where
- 25:31Speaker 4: you are then not an active person in the process
- 25:35Speaker 4: at all at that point. And so mediation allows you
- 25:38Speaker 4: to be an active part of the process. So tell
- 25:40Speaker 4: us about how people can be more of an active
- 25:43Speaker 4: part of the process through mediation versus that passive part
- 25:46Speaker 4: when it gets handed over to the court system where
- 25:49Speaker 4: you are just getting reactions and judgments and decisions from
- 25:54Speaker 4: total strangers. Talk about people being active in the process
- 25:56Speaker 4: oring mediation absolutely.
- 25:59Speaker 6: So Number one one is get educated. One of the
- 26:01Speaker 6: things that a lot of people don't understand. And of course,
- 26:04Speaker 6: because I in my entire career, all the cases I've had,
- 26:09Speaker 6: I can count on one hand the number of second
- 26:13Speaker 6: marriages we helped mediate their divorce. Most of the folks
- 26:17Speaker 6: who come to us this is their first marriage. They come,
- 26:21Speaker 6: we work with them mediate their divorce. They don't know
- 26:24Speaker 6: anything about the process, and that makes perfect sense. So
- 26:27Speaker 6: number one is get educated, be your own best friend,
- 26:30Speaker 6: be your own advocate, and one of the things that
- 26:32Speaker 6: we like to do we'll talk about, I'm sure in
- 26:35Speaker 6: a little bit. But on the Equitable Mediation website we
- 26:38Speaker 6: have a learning center and all these free resources, these
- 26:40Speaker 6: state specific guides. How does child sport work, how does
- 26:43Speaker 6: alimony work? How is property division? How to negotiate a
- 26:46Speaker 6: divorce course? You know all these things. Just so you
- 26:48Speaker 6: don't have to be the pro Like we talked about,
- 26:51Speaker 6: there are people like myself right who do this professionally
- 26:54Speaker 6: day in and day out. You want to work with
- 26:55Speaker 6: someone like us, However, you do want to at least
- 26:58Speaker 6: be able to talk to talk number one.
- 27:01Speaker 5: Number two engage. So as we were talking before about
- 27:05Speaker 5: the person who sits there folds their arms and things bow.
- 27:08Speaker 6: You don't know what's going to happen if you enter
- 27:10Speaker 6: the court system. You might think by digging in you're
- 27:13Speaker 6: going to get what you want, but surprise, surprise, it
- 27:16Speaker 6: might go against you, and wow, won't you be in trouble?
- 27:19Speaker 6: So also engage in the process. And that is, if,
- 27:23Speaker 6: for example, the mediator asks you to complete an exercise,
- 27:26Speaker 6: do it. Go, gather the financial information, review the documents
- 27:30Speaker 6: that have been given to you.
- 27:31Speaker 5: Don't just have time for.
- 27:33Speaker 6: This, then when you come into the conversation and look
- 27:37Speaker 6: who I'm talking with, professionals who are professionals in communication.
- 27:42Speaker 6: You need to be willing to shift your mindset, shift
- 27:45Speaker 6: your communication, and understand that whatever happened past tense happened.
- 27:51Speaker 6: We say mediation is a forward looking process if you
- 27:54Speaker 6: can put that hat on when you walk into the
- 27:56Speaker 6: mediation space and say, you know what, I am going
- 27:59Speaker 6: to a or all those terrible things you did and
- 28:02Speaker 6: all those arguments we had, because I'm here at day zero,
- 28:06Speaker 6: I want to march forward. I'm going to give you
- 28:08Speaker 6: the benefit of the doubt and I'm going to just
- 28:09Speaker 6: talk about what it is I need, I want, I feel,
- 28:13Speaker 6: and directing those comments right, changing the language instead of
- 28:16Speaker 6: you you you. That really helps people engage because then
- 28:19Speaker 6: it's not an argument. You can't argue with someone if
- 28:22Speaker 6: they tell you how they feel. Right, So, you know,
- 28:25Speaker 6: kind of take the temperature down. Be forward looking, be
- 28:29Speaker 6: an advocate, be engaged, and get educated. And then once
- 28:32Speaker 6: you're in there, now you're feeling empowered and having someone
- 28:35Speaker 6: like us, having a good mediator, And I'm glad you
- 28:37Speaker 6: had a good experience because there are a lot of
- 28:40Speaker 6: bad mediators out there, So having someone that makes you
- 28:43Speaker 6: feel heard and validated might not side with you per se.
- 28:47Speaker 5: But yeah, you know what, I see your point. That
- 28:49Speaker 5: does make perfect sense.
- 28:51Speaker 6: I could see why you're upset about that, getting that
- 28:54Speaker 6: getting that strength to move forward.
- 28:55Speaker 5: So that's how it answers.
- 28:57Speaker 4: And I think, you know, with my husband, sort of
- 29:00Speaker 4: my first husband, having you know, sort of that narcissistic personality,
- 29:07Speaker 4: it was at a point in his life where I
- 29:09Speaker 4: think his addictions had taken over and he was very,
- 29:11Speaker 4: very beaten down, and he knew that if when this
- 29:17Speaker 4: went into the hands of the court, he was going
- 29:20Speaker 4: to probably kind of be in trouble because of so
- 29:22Speaker 4: many things that had happened. And so I think at
- 29:26Speaker 4: the point where we got to and this was two
- 29:28Speaker 4: weeks before his death to the day we were at
- 29:30Speaker 4: the mediation table and he died of an overdose, the
- 29:33Speaker 4: one thing that I couldn't get him to agree on
- 29:36Speaker 4: was drug testing, and so that's I said, Okay, we
- 29:40Speaker 4: got breathalyzing, we got you know, pretty much, I was
- 29:45Speaker 4: going to have the girls almost completely. He was going
- 29:48Speaker 4: to get them four days a month, and I still
- 29:51Speaker 4: was like, no, we're gonna I'm going to go to
- 29:53Speaker 4: trial and I'm going to push for this drug testing,
- 29:55Speaker 4: but the fact that that trial just kept getting pushed
- 29:58Speaker 4: back and pushed back and all of the that happen
- 30:00Speaker 4: in the court system. I walked away from mediation thinking
- 30:04Speaker 4: that was the most win. I knew I was going
- 30:06Speaker 4: to get there, But I'm still going to have to
- 30:09Speaker 4: utilize the court system. And so do you ever have
- 30:12Speaker 4: cases where things just you said you had ninety eight percent?
- 30:16Speaker 3: But are are there ever the cases.
- 30:18Speaker 4: Where you think you come to the table and you're like, no,
- 30:21Speaker 4: I think at this point you're going to have to
- 30:24Speaker 4: take your chance at trial. Like, do you ever get
- 30:28Speaker 4: something that is so critically important that can't be resolved
- 30:32Speaker 4: where you, as the mediator are like really telling people, no,
- 30:36Speaker 4: it is the best case at this point that you
- 30:38Speaker 4: guys go through the family court system.
- 30:40Speaker 5: Do you ever have a badly Yes, I do.
- 30:43Speaker 6: I do, And people are often surprised, they're shot, what
- 30:47Speaker 6: do you mean you're the mediator?
- 30:48Speaker 5: You have to you have to do this, right.
- 30:51Speaker 6: What people don't understand mediation is a voluntary process. And
- 30:55Speaker 6: guess what, it's voluntary for me as well, right, So
- 30:58Speaker 6: it's and it's one of those situations where it's my house,
- 31:02Speaker 6: my rules. You don't like my rules, no problem. I
- 31:05Speaker 6: like to tell people I'm a nice guy. You know,
- 31:08Speaker 6: I'm a peacemaker. I want everybody to get along. I
- 31:11Speaker 6: want to help everyone out to my own detriment. Sometimes
- 31:14Speaker 6: my wife will be like, why don't you let those
- 31:16Speaker 6: folks go? Like, I know I can get them there.
- 31:19Speaker 6: I have to do this. So at the end of
- 31:21Speaker 6: the day, there are cases where I just see the
- 31:25Speaker 6: fact pattern and I'm watching how it's unfolding when I ask,
- 31:29Speaker 6: for example, there's there's a couple. There's three of them
- 31:32Speaker 6: that come to mind, and one you already touched on.
- 31:35Speaker 6: And I'm sorry to hear about the situation you had, Doc,
- 31:37Speaker 6: because I too have had a client die in the
- 31:40Speaker 6: middle of mediation from an overdose. Not literally at the table,
- 31:44Speaker 6: but they didn't show up for their next session. And
- 31:47Speaker 6: those those kinds of demons. So when we have someone
- 31:50Speaker 6: whose addiction is to the point where it's now interfering
- 31:53Speaker 6: with their ability to make rational decisions, that's where I
- 31:57Speaker 6: have to pass them on.
- 31:58Speaker 5: And I have to.
- 31:58Speaker 6: Say I I am not a mental health professional, not
- 32:02Speaker 6: a clinician at all, and I want to totally qualify that. However,
- 32:05Speaker 6: by my estimation, I would say twenty five percent of
- 32:09Speaker 6: our cases involve some sort of alcoholism drug addiction. And
- 32:14Speaker 6: I'm not talking person that we think about under the
- 32:18Speaker 6: bridge shooting up. I'm thinking pain pills. I'm thinking person
- 32:22Speaker 6: at their desk who goes out and has the three
- 32:23Speaker 6: martini lunch.
- 32:25Speaker 5: This is these.
- 32:26Speaker 3: Functioning individuals, individuals.
- 32:28Speaker 6: Very functioning. So that's number one. Number two is what
- 32:31Speaker 6: we'll call financial infidelity. It's an interesting statement, however, we've
- 32:36Speaker 6: got a there's an archetype of an individual and we
- 32:39Speaker 6: see a lot more of this today when we watch
- 32:41Speaker 6: the news and we see the Jeff Bezos's and the
- 32:44Speaker 6: Mark Zuckerberg's hitting into billion trillionaires seemingly making money hand
- 32:48Speaker 6: over fist because they're investing in the latest, greatest thing.
- 32:51Speaker 6: And so we have some clients who said, oh, it
- 32:54Speaker 6: was a sure bet I drained our four to one
- 32:56Speaker 6: K because I really thought we were going to build
- 32:58Speaker 6: the base on Mars and I.
- 33:00Speaker 5: Really believed in it.
- 33:01Speaker 6: They didn't tell their spouse, So those things happen, right,
- 33:05Speaker 6: and then so you've got that situation, and then you've
- 33:08Speaker 6: got your classic hidden infidelity and where these are the
- 33:12Speaker 6: situations that are so extreme where I tend to I
- 33:17Speaker 6: tend to play dumb sometimes as a technique. I love
- 33:21Speaker 6: the phrase, help me understand. I just walked in, I
- 33:26Speaker 6: just walked in off the street, I just met you folks,
- 33:30Speaker 6: help me understand why X, Y Z, And a lot
- 33:34Speaker 6: of times you because as a communicator, a professional communicator,
- 33:38Speaker 6: you're listing for the patterns. You're giving enough people, You're
- 33:42Speaker 6: giving people enough sort of rope to hang themselves. They're
- 33:44Speaker 6: tripping over their words. You're just letting them walk themselves
- 33:48Speaker 6: into the thorn bushes, if you will. And then something
- 33:51Speaker 6: dynamic is revealed and that happens. So we'll find those patterns.
- 33:56Speaker 6: It's a very rare day where that happens. However, to
- 33:58Speaker 6: your point, I'll come along and I'll say, listen, this
- 34:03Speaker 6: is a situation where there is really a lot of
- 34:06Speaker 6: financial infidelity or impropriety or dissipation of assets.
- 34:10Speaker 5: You're going to need the legal.
- 34:12Speaker 6: System in order to recoup these because I just don't
- 34:15Speaker 6: see how a person with no money is going to
- 34:17Speaker 6: pay you back two hundred and fifty thousand.
- 34:19Speaker 3: Times, right, Oh my goodness.
- 34:22Speaker 6: Those are the situations where we get into it. And
- 34:26Speaker 6: the last thing I'll say is I do my very
- 34:29Speaker 6: best to balance the playing field when there's a power
- 34:32Speaker 6: and balance. I'm always advocating for the say, the quieter spouse,
- 34:38Speaker 6: the one who's perceived as at the disadvantage, whether it's educationally, financially, etc. Sometimes, though,
- 34:45Speaker 6: to your point, that narcissistic personality is just such a
- 34:49Speaker 6: know and all is just so convinced that what they
- 34:52Speaker 6: are saying is correct. And that's when I say, well,
- 34:55Speaker 6: you know what, folks, I'm not an attorney, but it
- 34:58Speaker 6: sure sounds like you are, so maybe I'll represent yourself
- 35:01Speaker 6: in court. And I think that's where this is headed.
- 35:04Speaker 6: So I'm going to just call out here. I don't
- 35:06Speaker 6: give up easily. I'm talking a handful of cases, maybe
- 35:09Speaker 6: two or three in my entire career with others where
- 35:12Speaker 6: I've guided them to attorneys and I've said, look, you've
- 35:14Speaker 6: made good progress on this front. Here's an issue you
- 35:18Speaker 6: really need to get involved with lawyers. I'll hand them off,
- 35:22Speaker 6: try to find mediation friendly lawyers, explain the situation, and
- 35:25Speaker 6: then you know, you need to take it from here.
- 35:28Speaker 6: So there's a lot of interesting things that happen with
- 35:31Speaker 6: people that that was you don't see on the surface.
- 35:33Speaker 2: Yeah, I was actually going to ask you if you
- 35:35Speaker 2: ever see the opposite where because it is so peaceful
- 35:38Speaker 2: coming in with a couple. Do you ever see couples
- 35:42Speaker 2: get back together?
- 35:44Speaker 6: Yeah?
- 35:44Speaker 5: Occasionally, rarely, occasionally, Yeah, sometimes we've had We've had one
- 35:49Speaker 5: in the middle of mediation.
- 35:50Speaker 6: Sometimes folks do say wow, it's sometimes it's a process.
- 35:54Speaker 6: So we know, for example, the prospect person who calls
- 35:59Speaker 6: and lead a voicemail at one in the morning, I
- 36:02Speaker 6: need to see you tomorrow. I'm not calling you back.
- 36:05Speaker 6: I'm so sorry, you're probably drunk, it's late. I'm not
- 36:08Speaker 6: calling you back. You don't want a divorce. You just
- 36:11Speaker 6: had to fight the folks who come in and then
- 36:13Speaker 6: been thinking about it for a while. Certainly the folks
- 36:16Speaker 6: who sometimes come in because they're so frustrated. And I
- 36:19Speaker 6: know this speaks to exactly what you two do. We
- 36:22Speaker 6: sometimes are in agreement, yet because and I use the example,
- 36:27Speaker 6: one of us speech speaks French and the other one
- 36:29Speaker 6: speaks German, we just don't understand each other, even though
- 36:32Speaker 6: we're saying the exact same thing. So when they get
- 36:34Speaker 6: into mediation and you get someone like me asking questions
- 36:37Speaker 6: and saying, I don't know you guys, but it sounds
- 36:41Speaker 6: like you're in agreement on how to handle this, or
- 36:44Speaker 6: I'm here, Okay, you're saying it one way and you're
- 36:46Speaker 6: saying it the other way, but I'm hearing the same
- 36:49Speaker 6: thing here, Am I mistaken?
- 36:51Speaker 5: And then they kind of step back and they're like,
- 36:53Speaker 5: I said, maybe you might want to consider some counselor
- 36:56Speaker 5: or some coaching.
- 36:57Speaker 6: Or stuff, because if we all have to work on
- 37:01Speaker 6: our own selves, that's a lot of what I think
- 37:03Speaker 6: people fail to realize is that when you're working with
- 37:06Speaker 6: a partner, you're bringing your own set of baggage in
- 37:08Speaker 6: here and so well.
- 37:09Speaker 2: And I thought that, yeah, I think that this is
- 37:11Speaker 2: why I asked that question, because this, this collaboration between
- 37:15Speaker 2: you two is so important because I think what Doc
- 37:19Speaker 2: sees a lot are people who come in trying to
- 37:22Speaker 2: save their marriage. But she may look at them and
- 37:25Speaker 2: be like, hey, it's time for a divorce, right, and
- 37:28Speaker 2: then she can push she can push those people to you,
- 37:32Speaker 2: Whereas on your end of things, within your practice, you
- 37:35Speaker 2: may see people that aren't quite ready to get a
- 37:39Speaker 2: divorce and may just need some coaching or counseling or
- 37:43Speaker 2: therapy and then you can push them to DOC. So
- 37:46Speaker 2: it's sort of this perfect collab where you guys can
- 37:49Speaker 2: really help each other based on the direction that the
- 37:52Speaker 2: people may need to go. And I know that DOC
- 37:55Speaker 2: works with you know some higher stakes clients that you know, finances,
- 38:00Speaker 2: I'm in deploy a lot finances or.
- 38:02Speaker 6: Yeah, there's a lot of stake. Yeah, yeah, person, you
- 38:04Speaker 6: say to yourself, why not take the chance? Right, you've
- 38:07Speaker 6: done You've done this thing where you've stood up in
- 38:10Speaker 6: front of your friends and family, or maybe you've done
- 38:12Speaker 6: it at the city hall wherever you've gone. You have
- 38:15Speaker 6: somehow made some statement that says I profess my love
- 38:19Speaker 6: or my commitment or whatever it is to you other individual.
- 38:23Speaker 6: And we've worked hard, and we've gone through this process
- 38:26Speaker 6: and heck, nobody there's no instruction manual on how to
- 38:30Speaker 6: be married when we get married. I think someone said
- 38:33Speaker 6: to me once. You know that it was a totally
- 38:35Speaker 6: offhanded comment, and you know how it resonates and it
- 38:38Speaker 6: sticks in your craw and then it sits there and
- 38:40Speaker 6: you going wow, said you know, it's really easy.
- 38:43Speaker 5: To get married, but it's really hard to get divorced.
- 38:46Speaker 5: I think it should be the other way around.
- 38:48Speaker 6: Oh it's a great point, right, and make it hard
- 38:53Speaker 6: to get married. So you know what you're up against.
- 38:56Speaker 6: You know you have to go to counseling right out
- 38:58Speaker 6: of the gate. People only want to fix things that
- 39:00Speaker 6: are broken. Why not set a good foundation, right and
- 39:03Speaker 6: and build on that rather than saying, which stumbled along,
- 39:07Speaker 6: we got in these unhealthy patterns we can't get out of.
- 39:10Speaker 4: Up we're going oers right, Yeah, and yeah, I agree
- 39:14Speaker 4: one hundred percent. I mean I think even like I
- 39:17Speaker 4: have this in the back of my mind and maybe
- 39:19Speaker 4: I shouldn't say it out loud somebody will steal my idea.
- 39:22Speaker 4: But I almost want to create like a dating app
- 39:25Speaker 4: where people are assessed for like their attachment and like
- 39:29Speaker 4: and then like there's compatibility there, right, So like it's like, oh,
- 39:34Speaker 4: you're not ready to date. You've got some major insecurities.
- 39:38Speaker 4: You need to go through this coaching program first. So
- 39:41Speaker 4: you need to go through this counting program first, some
- 39:44Speaker 4: kind of program, right that actually gets to the heart
- 39:47Speaker 4: of your issues that, let's face it, those issues don't
- 39:51Speaker 4: show up until later. Dating phases are usually magical, and
- 39:56Speaker 4: then it's when attachment takes place, and then people are
- 40:00Speaker 4: too afraid to face the pain of detachment that we
- 40:03Speaker 4: see people's attachment wounds really start to elevate and show
- 40:06Speaker 4: up in their relationship. And then sometimes, and actually a
- 40:10Speaker 4: lot of times, this doesn't show up in full force
- 40:13Speaker 4: until people are married because maybe they're not super insecure,
- 40:18Speaker 4: but their insecurities really start to bounce off of each
- 40:21Speaker 4: other once that marriage dynamic takes place. Because marriage is
- 40:24Speaker 4: such a profound step where people feel a little bit trapped,
- 40:28Speaker 4: a little bit stuck, especially more avoidant people, that marriage
- 40:33Speaker 4: itself is a huge trigger for them, and so the
- 40:36Speaker 4: full effect of their avoidance doesn't really come out until
- 40:39Speaker 4: after marriage. And so how can we get people to
- 40:44Speaker 4: recognize their issues before they take this big step, before
- 40:47Speaker 4: they end up at your table for example?
- 40:50Speaker 3: That's just something that goes through.
- 40:52Speaker 1: It's our new long term goal.
- 40:54Speaker 4: Okay, yeah, somebody's going to be like yeah, yeah, somebody's
- 40:57Speaker 4: already going to start accept Yeah they don't really a
- 41:00Speaker 4: lot of people don't understand attachment.
- 41:02Speaker 2: Right, so they won't be able to I do want
- 41:03Speaker 2: to go back and revisit the question just about you know,
- 41:06Speaker 2: your personal journey and how you got to this point
- 41:10Speaker 2: in your your career and wanting to help people.
- 41:13Speaker 1: So let's just if you're comfortable talking about that, of course, Okay.
- 41:17Speaker 6: Great, absolutely, So I am a child of a litigated divorce,
- 41:22Speaker 6: so I know of what I speak. I can bring that,
- 41:27Speaker 6: you know, that experience to the table. And before when
- 41:30Speaker 6: you asked me about how you keep people at the table,
- 41:33Speaker 6: one of the things I'll say to folks is if
- 41:36Speaker 6: you don't think it can happen to you, take a
- 41:38Speaker 6: look at me. I am the example of what happens
- 41:41Speaker 6: when your folks litigate your divorce. So my mom dad,
- 41:45Speaker 6: they went through a pattern where they were volatile. They
- 41:48Speaker 6: were kerosene in a match. They were that kind of
- 41:50Speaker 6: mix Mom's Italian, dad's Irish two very calm wow yoh,
- 41:56Speaker 6: mellow backgrounds, you know, just really laid back people and
- 42:00Speaker 6: only fine and so sarcasmo are in case the listeners.
- 42:04Speaker 4: Can't see you, Oh, I'm watching I'm watching Boardwalk Empire
- 42:08Speaker 4: right now, and it's all about like Italian mob and
- 42:10Speaker 4: like Irish mob, and like the strong personalities of like
- 42:15Speaker 4: those two things merging. So I'm picking up on what
- 42:18Speaker 4: you're putting down with that, right, And.
- 42:20Speaker 6: So they would go For first, it would be a day,
- 42:23Speaker 6: then it would be a week, then it would be
- 42:25Speaker 6: a month, and it would be months where they wouldn't talk.
- 42:27Speaker 6: They'd have these epic blowouts and then silence. As an individual,
- 42:31Speaker 6: as a kid growing up, what you learned is, Wow,
- 42:35Speaker 6: conflict is bad. It leads to silence, It separates people.
- 42:39Speaker 6: And that really had a mark on me, so my
- 42:43Speaker 6: my role and my philosophy. As when I say a peacemaker,
- 42:47Speaker 6: if someone said, how would you describe yourself in one word,
- 42:50Speaker 6: I'd say peacemaker.
- 42:51Speaker 5: It's because I know what those.
- 42:53Speaker 6: Lasting effects can be on both the adults and the child.
- 42:57Speaker 6: I learned, wow, we don't talk one, we have a problem,
- 43:00Speaker 6: we avoid each other. So I did a lot of
- 43:03Speaker 6: work myself to flip that script around. Now I see
- 43:06Speaker 6: it a lot in my profession. However, one thing that
- 43:10Speaker 6: I think was most impactful for me is we were
- 43:13Speaker 6: talking about going to court. Now, apparently these days, about
- 43:17Speaker 6: two percent of cases actually wind up in litigation, So
- 43:20Speaker 6: statistically it's shown that very few actually make it to
- 43:25Speaker 6: in front of a judge. Because there are a lot
- 43:26Speaker 6: of these preemptive programs, right parenting coordinators in New Jersey,
- 43:30Speaker 6: we have what's called an early settlement panel, where there's
- 43:32Speaker 6: three individuals who will basically make a ruling that they
- 43:35Speaker 6: recommend to the judge who probably will take the ruling.
- 43:38Speaker 6: So in my experience growing up as a child of divorce,
- 43:41Speaker 6: my folks were arguing over who was going to pay
- 43:44Speaker 6: for me to go to college. Now, at the time,
- 43:46Speaker 6: my mom had just gotten a part time job. She
- 43:48Speaker 6: was inside the home with me until I was eleven,
- 43:51Speaker 6: and now I'm a teenager, I'm getting to that place
- 43:53Speaker 6: applying to colleges, and my dad wanted to share fifty
- 43:56Speaker 6: to fifty. Well, at that time, he probably made about
- 43:59Speaker 6: ten times more than my mom did.
- 44:01Speaker 5: Probably even more.
- 44:02Speaker 6: And so they went to court, and my mom thought
- 44:06Speaker 6: it would be a great idea to put me in
- 44:08Speaker 6: a suit, sit me in the back of the courtroom
- 44:10Speaker 6: so that the judge could see my face and put
- 44:13Speaker 6: the name in the face and the good grades and
- 44:15Speaker 6: all of that stuff together. And I sat there and
- 44:18Speaker 6: watched them go back and forth and scream and yell,
- 44:21Speaker 6: and it was so strange because I'm watching my dad
- 44:26Speaker 6: and he's getting madder and madder, and he's starting to
- 44:30Speaker 6: yell at.
- 44:30Speaker 5: The judge, and you know, I don't know much about judges,
- 44:35Speaker 5: but they don't like it when you yell at him.
- 44:36Speaker 5: So I learned lesson. So the judge says, mister Dylan,
- 44:41Speaker 5: I'm now I'm going to make it sixty forty that
- 44:43Speaker 5: you're going to pay sixty forty. And my father is like, now,
- 44:47Speaker 5: he's just incensed.
- 44:48Speaker 6: And the judge says he's banging the gavel the whole thing,
- 44:51Speaker 6: and he's like.
- 44:52Speaker 5: Now it's seventy thirty.
- 44:53Speaker 6: So now my dad actually physically gets up, his lawyer
- 44:57Speaker 6: grabs him, bailiff is coming over. I'm s in the
- 45:00Speaker 6: back watching this whole thing, and the judge says, would
- 45:03Speaker 6: you like to try for eighteen twenty? And he's literally
- 45:06Speaker 6: being like restrained and I'm.
- 45:09Speaker 3: Laughing only now only that's that's.
- 45:12Speaker 6: Up right, And so that's what you're thinking to yourself.
- 45:15Speaker 6: You're like wow. And then we went out into the hall.
- 45:19Speaker 6: My mom and my dad, I guess, were just doing
- 45:21Speaker 6: their last little ted of ted arguing there and I'm
- 45:23Speaker 6: just standing there thinking, man, when can I get this
- 45:25Speaker 6: tie off my neck? Because I'm, you know, fifteen or sixteen.
- 45:29Speaker 6: And that was the last I ever saw of my
- 45:31Speaker 6: father was in the Hall of the courtroom, didn't hear
- 45:33Speaker 6: from him. I got a letter, I think maybe one
- 45:35Speaker 6: or two letters from him saying he was getting remarried.
- 45:39Speaker 6: And then the last letter I got from him, well
- 45:42Speaker 6: not from him, but from his lawyer his estate. He
- 45:44Speaker 6: had died in twenty nineteen, so I simply got a
- 45:47Speaker 6: very lovely form letter that said, we're required to inform you.
- 45:52Speaker 6: You know your father's passed away. You have any questions,
- 45:56Speaker 6: contact our office. So that was a thirty five year
- 45:58Speaker 6: span and that was it. So I tell folks, I'm like,
- 46:02Speaker 6: guess what that can happen to you. It happened to me.
- 46:06Speaker 6: Pop quiz. Do you want that for your kids?
- 46:08Speaker 5: I sure hope the answers yea.
- 46:11Speaker 4: I have so many clients with such a similar story
- 46:15Speaker 4: that you know, and every time I hear it, I'm thinking,
- 46:20Speaker 4: oh my goodness. You know, people don't understand the lasting
- 46:25Speaker 4: attachment trauma that that creates, and how much work that
- 46:29Speaker 4: child is going to have to do to undo these
- 46:33Speaker 4: blueprints right of what it means to be close to someone,
- 46:37Speaker 4: what marriage means, what intimacy means, and to see it
- 46:41Speaker 4: play out in such a dysfunctional manner, it's just heartbreaking.
- 46:45Speaker 4: And I'm really sorry that you had to go through that.
- 46:47Speaker 4: And I think what a full circle, you know, like
- 46:52Speaker 4: the moment, like life decisions gorgeous, Yeah, to get into
- 46:58Speaker 4: this perfect to make sure that people don't have to
- 47:03Speaker 4: experience that type of trauma and heartbreak.
- 47:06Speaker 2: Well, and it's sad because you know, I'm sure both
- 47:08Speaker 2: of your parents were in the wrong in those situations
- 47:11Speaker 2: in certain circumstances. But what is so sad and heartbreaking
- 47:16Speaker 2: or one of the saddest parts about it is that
- 47:19Speaker 2: your dad thought.
- 47:19Speaker 1: The easier route out was just to never see you again.
- 47:23Speaker 2: And that is really really heart wrenching, you know, and
- 47:27Speaker 2: and when I have, you know, not knowing your father,
- 47:30Speaker 2: but I'm sure that that's not really what he wanted.
- 47:33Speaker 1: And it does sound like it sounds like a coward.
- 47:37Speaker 2: Move to make that decision, but maybe he just felt
- 47:41Speaker 2: so defeated, right, He felt so defeated in the moment
- 47:44Speaker 2: and felt so wronged in the moment that he felt like, well,
- 47:47Speaker 2: I'm waving the white flag of surrender here and I'll
- 47:51Speaker 2: just choose to never see my son again.
- 47:53Speaker 1: And I'm sure, in fact, I know that this still happened.
- 47:57Speaker 4: It does my husband's literal best friend is in this
- 48:03Speaker 4: exact same situation. He was in the army with my husband.
- 48:07Speaker 4: He had a lot of PTSD, got married very young,
- 48:12Speaker 4: and he was the best man at our wedding just
- 48:15Speaker 4: a few years ago. And then he entered the divorce
- 48:17Speaker 4: process with his wife. He started drinking again. Drinking was
- 48:20Speaker 4: a huge issue for him, and he had been sober
- 48:22Speaker 4: for a really long time and just went down the
- 48:25Speaker 4: alcohol rabbit hole. I think their major mental health issues
- 48:29Speaker 4: started coming up because of the excessive drinking, and.
- 48:32Speaker 3: He basically just pieced out on his kids.
- 48:34Speaker 4: And he's living in another state and he is fully
- 48:37Speaker 4: convinced that his kids are better off without him. And
- 48:40Speaker 4: knowing their mom, she's such a great mom. She's an
- 48:43Speaker 4: amazing mother. She does such a she's a business owner,
- 48:47Speaker 4: she does great for herself. But my heart breaks for
- 48:50Speaker 4: her children because no matter how good of a mother
- 48:53Speaker 4: she is, they are going to feel the effects of
- 48:55Speaker 4: that father abandonment and there's nothing she can do to fully,
- 49:00Speaker 4: you know, mitigate that in any way. And she's, like
- 49:04Speaker 4: I said, she's a wonderful mother and she has great kids.
- 49:08Speaker 4: Her kids are doing are doing well, but they hurt,
- 49:13Speaker 4: you know, and we know that they hurt, and and
- 49:17Speaker 4: that's just that it's just unacceptable at every level that
- 49:20Speaker 4: you you have those beliefs that somehow your kids are
- 49:23Speaker 4: going to be better off without you. I think the
- 49:25Speaker 4: the healthy mindset is I got to do whatever it
- 49:28Speaker 4: takes to become someone that can be a healthy role
- 49:32Speaker 4: model and a healthy engaged parent.
- 49:34Speaker 2: Just parenting is sacrificial, it is and and it's very sacrificial,
- 49:39Speaker 2: and we don't always get what we want. A lot
- 49:41Speaker 2: of times we don't get what we want as parents.
- 49:44Speaker 2: But I think the beauty of your testimony is that
- 49:47Speaker 2: you real life experience. You've got a great education. You
- 49:51Speaker 2: graduate from Yale correct.
- 49:55Speaker 6: Drexel in my undergrad but my mediation train is Harvard
- 49:58Speaker 6: in Northwestern.
- 50:00Speaker 2: You've got so much, so much credibility when it comes
- 50:05Speaker 2: pretty good when it comes to your education. But more importantly,
- 50:08Speaker 2: you have credibility when it comes to personal experience.
- 50:11Speaker 1: And that is the best. It's the best.
- 50:14Speaker 2: And so I think for our listeners, just to wrap
- 50:17Speaker 2: this up, I think that you know, if you are
- 50:20Speaker 2: in the midst of of you know, a divorce or
- 50:23Speaker 2: on the verge of a divorce, and it can be peaceful.
- 50:27Speaker 2: You know Joe and his team at Equable Equitable Mediation, right,
- 50:31Speaker 2: is the name of your business, would be a great resource,
- 50:35Speaker 2: and just I want just to wrap things up, tell
- 50:39Speaker 2: people where else they can find you, and then talk
- 50:42Speaker 2: a little bit about those resources that are available on
- 50:45Speaker 2: your website.
- 50:46Speaker 6: Certainly, So best place is our website exactly, That's where
- 50:50Speaker 6: we would tell everyone to start. It's Equitablemediation dot com.
- 50:53Speaker 6: So you have to be careful because sometimes people spelt meditation,
- 50:57Speaker 6: so I just want to point.
- 50:58Speaker 3: That out, correct.
- 51:00Speaker 5: Yeah, yeah, exactly.
- 51:01Speaker 6: We get a lot of spam for yoga studios, so
- 51:03Speaker 6: it's really strange. But it's Equitable Mediation dot com. And
- 51:08Speaker 6: there's up on the menu. You'll see it's called the
- 51:10Speaker 6: Learning Center. When you click that, it's going to bring
- 51:12Speaker 6: you to a host of resources and they're all tagged
- 51:14Speaker 6: out by various categories. Ebooks, blog posts, podcasts, videos. We
- 51:19Speaker 6: have some paid courses, some free courses, resources, and.
- 51:22Speaker 5: Really we feel the more you can get.
- 51:25Speaker 6: Educated and I was talking about books, right, We're firm
- 51:27Speaker 6: believers in this, the more you can educate yourself. You
- 51:30Speaker 6: don't have to do it yourself, right. We just like
- 51:32Speaker 6: when we talk about if you have a leaky sink.
- 51:34Speaker 6: You want to know where the leak is coming from.
- 51:36Speaker 6: But you're not going to get under there, at least
- 51:38Speaker 6: I'm not because I can't do blumbing. But you're going
- 51:41Speaker 6: to want to learn. Okay, what is it going to
- 51:43Speaker 6: take to get through this process? And a lot of
- 51:44Speaker 6: that stuff is free available. You can just go read it,
- 51:47Speaker 6: download it, whatever you do. And we just feel we've
- 51:49Speaker 6: always been doing that. You know, we've had a million
- 51:52Speaker 6: visitors to our website, We've had you been doing this
- 51:55Speaker 6: for seventeen years, and it's always been with that one
- 51:58Speaker 6: mantra in mind. I remember my mom, you know, when
- 52:01Speaker 6: she got divorced, there was no Internet, there was no Google,
- 52:03Speaker 6: and she had to rely on her lawyers. She had
- 52:05Speaker 6: to ask her friends who gave her advice air quotes sure,
- 52:09Speaker 6: who were not lawyers. But we want to give you
- 52:12Speaker 6: information from a reliable source. Go out there, take as
- 52:17Speaker 6: much as you can, take as much as you need,
- 52:19Speaker 6: and if you are so inclined, there's a button up
- 52:22Speaker 6: there that's us talk to us, and you click that,
- 52:24Speaker 6: you'll get in touch with my partner, who's my wife, Cheryl,
- 52:27Speaker 6: she's our divorce coach, and you'll talk to her, see
- 52:30Speaker 6: if mediation is right, see if we can help, and
- 52:33Speaker 6: you know, we're always happy to answer questions.
- 52:35Speaker 5: Right, it's a free call.
- 52:36Speaker 6: You can always just reach out to her and if
- 52:38Speaker 6: you're a good fit for mediation, great, and if not,
- 52:40Speaker 6: we'll be honest with you. We want you to get
- 52:42Speaker 6: the best result in your situation. It might not mean
- 52:44Speaker 6: working with us. We don't want to prolong your pain
- 52:47Speaker 6: any longer than it has to be, So just reach
- 52:50Speaker 6: out if we can help, happy to do so, or
- 52:52Speaker 6: guide you to.
- 52:53Speaker 5: Someone who can.
- 52:54Speaker 3: So Yeah, that's amazing.
- 52:55Speaker 4: I think this actually felt very healing for me to
- 52:59Speaker 4: know that there are people and there are resources that
- 53:04Speaker 4: can help you have an amicable divorce and can help
- 53:08Speaker 4: you really truly do what's best for your child, because
- 53:13Speaker 4: we have shown you the other side of it through
- 53:15Speaker 4: family Court in our Family Court series of just what
- 53:18Speaker 4: a gamble it can be, both in my personal experience
- 53:21Speaker 4: and the experience of people that I have been close to,
- 53:23Speaker 4: as I mentioned on this podcast, and how how brutal
- 53:27Speaker 4: it can be if you end up in the family
- 53:28Speaker 4: court system. And so if there is a way around that,
- 53:32Speaker 4: take it, take it. And so thank you so much,
- 53:36Speaker 4: Joe for coming on our podcast and for telling us
- 53:39Speaker 4: that there can be a softer and more collaborative side
- 53:42Speaker 4: of divorce and.
- 53:43Speaker 3: How you help people achieve that. We really appreciate your time.
- 53:46Speaker 5: Yes, so thank you, thank you so much.
- 53:48Speaker 3: Thank you.
- 53:49Speaker 2: So please go check out Joe and his wife Cheryl
- 53:52Speaker 2: at Equitable Mediation dot com and of course, while you're there,
- 53:55Speaker 2: check out the lovedoc dot com see all of doctor
- 53:58Speaker 2: Hensley's services there. For our listeners, we offer a special
- 54:02Speaker 2: promo code love Doc twenty seven for twenty seven percent
- 54:05Speaker 2: off all of doctor Hinsley's coaching programs, her courses, and
- 54:09Speaker 2: her hybrid group program. And until next time, peace, love
- 54:13Speaker 2: and perspective