Smart Parenting During and After Divorce: The Art of Avoiding War - How to De-Escalate Conflict

Smart Parenting During and After Divorce: The Art of Avoiding War - How to De-Escalate Conflict
photo by: Jayray24
By Peter J. Favaro, Ph.D.
McGraw-Hill Professional

There is an art to being able to influence a volatile situation so that it moves back to the point of civilized discussion. Not every conflict can be influenced this way, though. So what do you do when someone is determined to pick a fight and no amount of careful communication can de-escalate it?

Negotiating custody and visitation is not like negotiating the sale of a business. In the sale of a business, the buyer and the seller did not fall in love with each other, get married, and have children together. The buyer of a business probably didn't have his heart broken by the seller. The point is, there are many emotional issues that go on in family and matrimonial cases. Some family conflicts have a long history with many chapters. This brings into the negotiation additional co-parent agendas that don't exist in business communication.

Some co-parents are so interested in revenge, scorching the earth, or hurting the co-parent that regardless of how reasonable you are prepared to be, there will be no reasonable negotiation. In these cases, if you communicate a willingness to compromise you will be blamed for having something up your sleeve. If you look the wrong way, blink the wrong way, or walk the wrong way, you will be blamed for trying to start a fight. The negotiation table is seen as an environment to attack you with a laundry list of your past misbehaviors, each item ready to insert at any point in the conversation. I have been involved in situations where one party desperately wants to abandon the stress and strains of the legal process and consents to arrangements that are unfairly generous to the other party. The response typically is, If that is what he is willing to give, I want more. Anything he would be willing to offer that easily is not enough.

These are some of the things that are said and done around a negotiating table in the presence of attorneys. Often people try to negotiate for themselves, but negative statements and attitudes do not signify a willingness to reduce or end conflict; they signify rage.

If you find yourself encountering this type of anger and you are alone, without representation, and not in court, leave the situation as soon as possible. These are the types of situations that can explode past the point of verbal arguments and become physical confrontations. This is true if you are a woman being screamed at by a man, or a man being screamed at by a woman. There is no de-escalating conflict with a coparent who wants to pick a fight.

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