
Hi!
I'm Brian. Seattle-based Washington and California attorney with a background in family law, corporate law and most importantly...coaching youth football. Outside of work, I teach CLE's to lawyers and have instructed at high school coaching clinics on communication and conflict resolution.
Co-parenting with a disagreeable Ex-Partner can feel like negotiating in quicksand. But it doesn't have to be that way. You need a simple framework to get you out of the co-parenting quicksand...to get you through the co-parenting storm.
What we'll cover today -
1. Doomscrolling (Just Don't!)
2. Pre-Negotiations (Know the Backstory...it Will Play a Role)
2. Negotiations (Positions to Interests)
3. Post-Negotiations (Overlooked...but Most Important)
4. Negotiation Roadblocks & Solutions (A Normal Part of Most Negotiations)
5. Wrap Up
Disclaimers:
Not Legal Advice. General Information Only.
You will be tempted to go down the doomscroll "rabbit hole" during stressful times. However, you will never find anything online that is both useful and boring! Big Tech is built to keep you scrolling and scrolling on all the toxic stuff.
In this brief section, you'll learn ways to combat Big Tech's desire to keep you in the rabbit hole.
There are ways for you to win against Big Tech...but it won't easy. It never is. But you can do it with awareness, discipline, and a plan.
Keep it simple.
Framework:
1. Trauma - Reflect on your Ex's backstory. It will play a role in negotiations.
2. Trophy - Role play and see the argument from the other side of the table. How does your Ex come away with a win or save face?
3. Triggers - When negotiations go sideways things get nasty. Prepare. Know in advance your soft spots and vulnerable areas. Remind yourself that the Ex is simply using a tactic to throw you off your game.
Keep it simple.
Framework:
1. Move from Positions to Interests - Interests are core values and non-negotiable. Find common ground with the Ex by uncovering the interests behind the position.
Example:
"I want little Sally to do gymnastics." (position).
"I want little Sally to learn life skills and meet friends." (interest)
2. Brainstorm Ideas - Everything and the kitchen sink goes here. No bad ideas because bad ideas can be a springboard to options that work for you, the Ex and the child. Wear your "creator" hat when brainstorming...not your "editor" hat.
3. Evaluate Ideas - Now edit. Evaluate the above options. Which option(s) is realistic, durable and best meets the interests of everyone involved? The process must be fair and all voices must be heard. If your Ex does not feel heard, understood and respected the agreement won't be followed in good faith.
4. Choose & Commit - Decision time. Don't lose days, weeks, months, years, decades arguing with the Ex. Again, your goal is to find the imperfect option that best meets the underlying interests.
Keep it simple.
Framework:
1. Reality Test - Ask "what if" questions and run "worst case scenarios" to make sure you and the Ex are on the same page. Clarify anything vague or ambiguous.
2. Reciprocity - This is not a one-off negotiation with the car dealership. You will probably be involved in some way with the Ex for years to come. Cooperate, be flexible, reciprocate when it is in the best interests of the child. Know the signed agreement on paper won't match the messy reality we deal with on a daily basis.
3. Revisit - The parenting plan when little Sally is 5 years old won't match the reality of the family when she is 15. And when she gets her driver's license at 16 things change again. Best practice is to do regular check-ins with the Ex - Is the current plan (decision making & residential schedule) currently working?
You've done everything correct - you followed the negotiation framework and still no agreement from the other side! Not a problem. Negotiation roadblocks "impasse" is to be expected. It won't be smooth sailing from start to finish.
Fortunately, when you identify typical roadblocks and solutions you'll be ready.
You'll now be ready with "temporary" agreements, "partial" agreements and "A/B Testing." The goal is to keep momentum going while respecting the other side's POV and your own values.
For You - Focus on Process & Controllables
Ex-Partner - Focus on Empathy
The Kids - Focus on the "Best Interests" Standard
PRE-NEGOTIATION:
Trauma
Trophy
Triggers (You)
NEGOTIATION:
Positions to Interests
Create Options
Evaluate Options to Meet "Shared" Interests
Decide & Commit
POST-NEGOTIATION:
Reality Test
Reciprocity
Revisit
A famous Hollywood couple got divorced after a 9-year marriage. Then for the next 8 years they battled it out in court over custody. Imagine that. Roughly half of childhood spent in a custody battle. Not good.
What got you here won’t get you there. A recent study showed that 70% of the moms and 59% of the dads said “bad communication” was a reason for the divorce.
Time to make changes. Time to focus on process and controllables. Time to show the Ex you’ve heard, understand and respect their position…you don’t need to agree with their point of view. But you do need to show the Ex that you’ve heard them out. Why? Well, unlike the one-off negotiation with the car dealership you’ll be connected to the Ex probably for years and decades to come. After high school graduation there will be holidays, birthdays, graduation, weddings, kids, and anniversaries. So what got you here (divorce) won’t get you there (co-parenting as a team).
When negotiating with the Ex over the parenting plan, there are three phases for you to skill-up:
Pre-Negotiation (like studying before the mid-term exam…no cramming)
Negotiation Table (don’t argue positions; do cooperate on core values)
Post-Negotiation (reality check – are you and the Ex on the same page)
This course on co-parenting negotiation and communication is from a Continuing Legal Education course I taught lawyers recently. I wanted to make this negotiation section available for the parents as well. You’re busy with parenting, work, friends, and goat yoga so stick with me and I’ll get you out the door in about an hour.