Monthly Archives: November 2011

MediateTrix Part III-Custody and Visitation are bad words…

What kind of stupid, disconnected words are ‘custody‘ and ‘visitation‘?
Divorce’s advertising firm should get fired for that one.

Children are not wards of the state or in the penal system, and parenting isn’t visiting. Yet those two words are the most common terms that I hear when parents call me.”We need to discuss custody and visitation” they say emphatically and not without worry.

NO! YOU DON’T!!

It isn’t their fault, those are the terms they hear over and over again in the media, from their friends and from the law.

But, most of the time,  what they really need to talk about is parenting. Period.

It is true that the term ‘custody’ is a defined legal term, but the words ‘custody’ and ‘visitation’ have diminished the importance of the non-primary residential parent (typically the father); essentially calling them a mere visitor in their child’s life.

Custody actually refers to two separate things. One is physical custody and the ‘custodial parent’ is simply the parent with whom the child spends the most number of nights. The other is ‘legal custody’ and that refers to decision making custody–who gets to make major decisions for the child.

Both can be shared equally, or divided in any number of ways that the parents agree to.

Unless and until we stop referring to our children via the terms like ‘i have custody’; implying chattle, and referring to the ‘other’ parent as though they are visiting, the divorce debacle we have going on in this country won’t get fixed.

Just because parents are divorcing from each other doesn’t mean their children transform themselves into objects and the time parents spend with them doesn’t morph into ‘visits’.

As a society we need to support post-divorce co-parenting. The only way to do that is to promote, support and empower people to have less acrimonious divorces that will enable them to focus on what matters most.

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MediateTrix Part II: Celebrity Divorces

The New York Times recently contemplated why celebrity divorces resonate so much with the public. The reference was to (dare I mention it) the Kardashian debacle.

It is a good question. Why ARE we obsessed with celebrity everything, let alone divorces?

People love living vicariously through celebrities. You cannot open the Huffington Post divorce page without being assaulted by celebrity divorce stories. People, OK, Hello…not to mention social media sites like TMZ and Twitter glorify, publicize and idolize all things celebs.

Why do we even care?

This is what I do understand: It is fun to look at very wealthy, pretty, hipster peoples’ clothes, lifestyles, jewelry and weddings. It is cool to see them ‘just like us’ taking their kids to the park etc…Or commenting to our friends: “Oh wow, look at the gorgeous third vacation home on Mystique”, or “OMG, what was she thinking wearing that ugly $5,000.00 gown.”

I also understand the collective compulsion to follow a public, lavish and nasty divorce: “Did you see him with that other woman?”, ” Did you hear she won’t give back the ring?”

Typically though, most of us don’t go out and by a $2K handbag or arrange for a $2mil wedding after reading about one in a magazine.

Yet….we seem to emulate celebrity divorces. We engage in dramatic, high conflict, expensive and sometimes even irrational divorces.

Why? Why do people emulate mass media depictions of divorce?

I think it is because there aren’t enough of the ‘silent majority’ speaking out about a different paradigm. Celebrity divorces are comprised of a self-selected group of divorce consumers, divorce lawyers and supporting cast of characters. They crave publicity (they are celebrities), they have the cash to fund a divorce circus or the media skill to produce one. They have advisors who are also educated about divorce in our celebrity obsessed culture and who often don’t know there are other ways to go about divorcing. Have you ever heard of a celebrity mediation? Neither have I.

Do any of us regular folks fall into that category of money to burn publicity hounds? Most of us wouldn’t consider ourselves similar to celebrities in any other aspect of our lives.

It is time to start changing the paradigm and to stop learning about divorce from the tabloids and start learning about the choices consumers of divorce products have in more reputable places.

Where? I’m not sure, but I do know that the Inquirer shouldn’t be our collective one-stop shop for divorce information.

If only there were a blog dedicated to disseminating responsible advice and commentary about divorce….

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MediateTrix Part I

Hi,

Welcome to the first post of the  new blog–MediateTrix.

I’m the  MediateTrix. I’m  a mediator, president of the Family and Divorce Mediation Council of Greater New York, a parent, a spouse, a daughter and a friend.

This blog is going to be hardcore about mediation and responsible conflict resolution.

Why?

Because in so many areas of society we ‘do conflict wrong’.

Media teaches us to be positional, political discourse feeds into that model, celebrity divorces teach us that high conflict is a paradigm to which we should aspire.
And twitter (although I am a contributor) encourages exceedingly brief remarks about complex ideas.

I know my voice is a small one against the cacophony of conflict, but I will join the conversation because I think it is so important that sanity, reasonableness and thoughtfulness are thrown into the mix. And I take that pretty seriously.

Tarty replies, sound bites and ‘quotables’ are media savvy, but complex problems rarely get solved by idioms.

That’s why I’m hardcore about mediation, which is essentially a structured, thoughtful dialogue between people in conflict.

As a society, have done a disservice to families dealing with separation and divorce.

S/He cheated, hire a lawyer, she’s a bad mom, hire a lawyer etc..

This kind of instinctive reaction to turn to the law when a family is in crisis is misguided in many cases. Separation and divorce are family matters that have a legal component, not legal problems that happen to be about a family.
Separation and divorce are about the restructuring of a family-financially, emotionally, economically. Not the subject of a one dimensional lawsuit.

So, my blog will be about how our society deals with conflict, both in the family and non-family realms.

One of my teachers and mentors says that conflict is a magnet that draws people in and doesn’t let them out without thoughtful, intentional intervention.

This blog is my small way to intervene and bring some reality and reason to our collective approach to conflict.

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