2025 Divorce Mediation Lessons: Reflections From a Year in the Room

2025 Divorce Mediation Lessons: Reflections From a Year in the Room

A year of divorce mediation always teaches me something, but the lessons rarely show up the way I expect. After so many years in the chair, I still find myself surprised by people. There is plenty of fear and frustration in the work, and I see my share of rough edges. Even so, this year brought moments that stopped me in my tracks in the best possible way. A few families showed a kind of steadiness and generosity that reminded me why this work matters.

One couple in particular stays with me. These folks made a choice to build their agreement around the needs of their children and each other, not what the law might dictate. The monied spouse said something I almost never hear in a mediation room. They said they did not care what the law said. They wanted this to be right. Period.

From there, everything shifted. They built a plan that kept their kids stable and gave both parents a firm footing. The agreement was generous and thoughtful, and their attorneys helped make sure the details worked. When we wrapped up, the room felt warm and steady, with no drama and no scorekeeping. These were simply two solid people trying to leave the marriage with their dignity intact and their children protected. Those kids will be all right.

The Weight People Carried This Year

Folks came into divorce mediation tired this year, more than usual. The world has been heavy. People are stretched financially, politically, and emotionally. They walk into my office already burned out and impatient, and that exhaustion spills right into the marriage and the divorce.

Fear was the emotion I saw most often. When people are afraid, they try to control everything in sight, including the schedule, the money, the rules, and each other. That kind of control only tightens the knot.

Parents were terrified their kids might be damaged by the divorce, yet oddly enough, the kids often seemed stronger than the parents. After the pandemic years, many young people bounced back with a kind of resilience that surprised everyone. The parents carried more anxiety than the kids did.

Financial stress showed up in every corner. Cash flow is tight. Housing in San Diego County feels impossible to find. People do not want to lose a low mortgage rate. Renting is often more expensive than staying put. Refinancing can blow up a budget. I saw more deferred sales this year than I have in a long time. Underneath all of it lives a quiet worry that retirement will not be affordable. Inflation spooked many people.

Slower Is Faster

When people arrived half-crazed and locked in fight-or-flight, the most reliable response was to slow the pace of the conversation, encourage a full breath, and allow the room to settle into a calmer rhythm.

People come in like cornered raccoons right now. You can feel the anxiety sitting in their bodies. Giving them a moment to breathe and think clearly changed everything. Slower truly was faster.

Empathy also needed more intentional coaching this year. In a polarized world, people forget how to imagine someone else’s experience. A simple question made a big difference. I would ask, “What would the other person need from a settlement?”

It pulled them out of their own fear and into a bigger frame.

The Patterns That Kept Showing Up

Throughout the year, I saw consistent patterns, each of which held a meaningful divorce mediation lesson.

Fear became control. People did not start out wanting to be controlling. They were scared. Naming that helped soften the room.

People misunderstood what the law requires. Parents came in insisting a 50/50 schedule was mandatory. It is not. The law cares about best interest, not perfect math. And support orders do not usually result in a 50/50 split of spendable income. Helping people let go of those myths took patience.

People thought they communicated poorly when they really just disagreed. That one came up constantly. They would say they had terrible communication. In reality, they communicated pretty well. They simply did not agree. When we talked about disagreement as a normal part of divorce, people stopped jumping to worst-case scenarios.

Generosity showed up more than expected. People erred on the side of kindness this year. When they shifted from protecting themselves to caring about the other person’s well-being, the whole energy changed.

I had to hold my own still center. Mediators live in the world too. This year tested that. My own anxiety about politics, economics, and humanity wanted to sneak into the room. I had to keep myself grounded.

Meditation helped. Talking with trusted colleagues helped. Even during a session, quiet mantras kept me steady: “They see the world differently than I do. That does not change who I am or how I show up.”

What People Did Better This Year

Even though the world felt mean and loud, people actually listened to each other more. Many couples had been in therapy before arriving in my office. They could not save their marriage, but the skills they learned in counseling helped them divorce with more care.

Couples relied on the skills they had practiced, including active listening, clearer communication, and a renewed sense of humility. Those efforts made a meaningful difference in how their mediations unfolded.

Heading Into the New Year

Peace is not the absence of conflict. It is the mastery of it.

People find peace by learning how to be steady when they disagree. Disagreement is normal. Fighting is optional. The moment people stop fighting, compromise becomes possible.

A Word to My Fellow Mediators

Mediators carry a lot, often more than people realize. It’s so important for us to allow ourselves room to breathe and remember that we are human in all of this. The work can knock any of us around. As we head into a new year, I hope we can find a little more steadiness, a little more kindness toward ourselves, and the space to keep mastering our craft.

My Surprising Philosophical Connection to John McCain

Along the banks of the Ho Truc Bach Lake in downtown Hanoi, Vietnam is a monument sculpted from stone.

It’s an image of a person with arms raised and head lowered. The monument portrays the fateful moment in October 1967 when then U.S. Navy pilot John McCain was captured. The monument text, roughly translated, reads:

“On 26 October 1967 near Truc Bach Lake in the capital, Hanoi, the citizens and military caught Pilot John Sidney McCain. The US Navy Air Force Aviator was flying aircraft A4, which crashed near Yen Phu power station. This was one of ten aircraft shot down that same day.”[1]

The John S. McCain monument at Bruc Back Lake. Photo: Jim Bryant, U.S. Navy

The John S. McCain monument at Bruc Back Lake. Photo: Jim Bryant, U.S. Navy

Fast forward to August 27, 2018.

A 62-year-old Vietnamese man, Pham Van Khanh, brought flowers to the McCain monument in Hanoi.[2] He joined countless other Vietnamese who wished to honor their former captive.[3]

Even McCain’s jailer and operator of the prison, former Col. Tran Trong Duyet, said, “When I learnt about his death early this morning, I feel very sad. I would like to send condolences to his family. I think it’s the same feeling for all Vietnamese people as he has greatly contributed to the development of Vietnam-U.S. relations.”[4]

How could a nation that reviled and tortured the late Senator have such love for him after his death? Because of Senator McCain’s work along with former Senator and Vietnam Veteran John Kerry to normalize relations with Vietnam, the Vietnamese government now reveres him as a “symbol of his generation” who helped “heal the wounds of war.”[5] This mutual respect between Senator McCain and his former captors exemplifies the many times McCain rose well-above a conflict to find common ground and to make peace.

john McCain navy fighter

John McCain with his Navy Squadron (botrrom right). Photo: Library of Congress

I have never met Senator John McCain, but as a professional peacemaker I relate to his peacemaking words and consider him a peacemaking soulmate.

We all know the story of how McCain was shot down over Vietnam, beginning his terrifying and heroic stay at the infamous Hanoi Hilton prison. Refusing to be released before his brothers-in-arms, the North Vietnamese tortured him mercilessly and placed him in solitary confinement.[6]

His captors didn’t release McCain until after the signing of the Paris Peace Accords on March 14, 1973. Though free, he carried substantial injuries for the rest of his life.

As a Senator, he was known for his work across the political aisle. Sometimes he angered the more strident members of his party for taking the higher ground.

Senator McCain admits to his imperfections, and has apologized for his less than peaceful remarks at times.

For example, he famously used a racial slur to describe his captors, feeling he had a right to describe his former captors with any language he chose. He later reconsidered and apologized, and removed the word from his vocabulary.[7]

This man is considered a hero today in large part because he made a career of rising above the fray of the negative discourse that pervades American politics today. Perhaps most famously, he defended Barrack Obama against people who accused Obama of being “Arab”, saying “No ma’am. He’s a decent family man and citizen that I just happened to have disagreements with on fundamental issues.”

john McCain peacemaker with president obama

Senator John McCain meets with President Barack Obama in the Oval Office in 2011. Photo: Pete Souza, White House Photo Office

It’s telling that two of his principle political rivals, Former President’s Obama and Bush, will eulogize him at his memorial service.[8]

John McCain’s thoughts on the need to ‘win’ at all costs

Most recently, when speaking to the Senate with a request for a return to regular order in the Senate in the wake of a difficult debate on healthcare reform in 2017, McCain said the following to support his plea:

“I’ve known and admired men and women in the Senate who played much more than a small role in our history, true statesmen, giants of American politics. They came from both parties, and from various backgrounds. Their ambitions were frequently in conflict. … And they often had very serious disagreements about how best to serve the national interest.

“But they knew that however sharp and heartfelt their disputes, however keen their ambitions, they had an obligation to work collaboratively to ensure the Senate discharged its constitutional responsibilities effectively.

“Both sides have let this happen. Let’s leave the history of who shot first to the historians. I suspect they’ll find we all conspired in our decline – either by deliberate actions or neglect. We’ve all played some role in it. Certainly I have. ….

“Incremental progress, compromises that each side criticize but also accept, just plain muddling through to chip away at problems and keep our enemies from doing their worst isn’t glamorous or exciting. It doesn’t feel like a political triumph. But it’s usually the most we can expect from our system of government, operating in a country as diverse and quarrelsome and free as ours.

“….  It is our responsibility to preserve that, even when it requires us to do something less satisfying than ‘winning.’ Even when we must give a little to get a little. Even when our efforts manage just three yards and a cloud of dust, while critics on both sides denounce us for timidity, for our failure to ‘triumph.’

“I hope we can again rely on humility, on our need to cooperate, on our dependence on each other to learn how to trust each other again and by so doing better serve the people who elected us.”

John McCain was a peacemaker

Senator John McCain walks with Vice President Mike Pence on the 75th anniversary of the Pearl Harbor attack in Honolulu, Hawaii. Photo: US Army. Jose A. Torres, Jr.

I read the words spoken by Senator McCain last year and listened to them again. I have a soulmate in Senator McCain. We have never met, but as a professional peacemaker I relate to his peacemaking words.

I have often thought the woes of Washington, D.C. could be greatly reduced if some mediators could head to Capitol Hill. We professional peacemakers understand that peace and agreement requires people who disagree to disagree agreeably. “Compromise” is not a dirty word. Rather, a compromise allows for differing people to find a common ground. The all-or-nothing subjective myths of “justice” or “fairness” give way to the higher principles of collaboration, mutual respect and peace.

As a divorce mediator, I am involved in helping people find pathways to settlement in the toughest of times.

There are very few experiences as heart-wrenching and personally painful as divorce. Consequently, my aim is to help others learn how to work together while experiencing peace. It’s possible.

Senator McCain’s approach to politics parallels my Dolphin Lawyering philosophy and approach to dispute resolution.  Unlike some of my shark-like colleagues in the legal profession, I strive for a more humane approach encouraging peaceful outcomes.  I therefore live by the creed, “It’s not just a legal process; it’s a human experience.”

Like Senator McCain, I look back on the contentious moments of my past career as a divorce litigator. Similarly, I realize that at times I didn’t always live up to my greatest ideal. But whenever I have embraced peacemaking and mutual respect, I have not only worked as an instrument for others to find peace, but I have experienced my greatest professional joy: helping others.

While many may disagree with political stands by Senator McCain, perhaps we can take his life as a shining example of a peacemaker a person of any political persuasion can follow. I, for one, am certainly grateful for his imperfect, yet sincere example.

Further Reading:

Forgiveness During Divorce: A key to finding peace

Five Tips to Have a Miserable Divorce

Dolphin Lawyering: Why I can be an advocate without being a shark

[1] http://www.uswarmemorials.org/html/monument_details.php?SiteID=38&MemID=76
[2] https://www.washingtonpost.com/politics/congress/vietnam-pays-respects-to-john-mccain-with-tributes-flowers/2018/08/27/5e004f80-a9cf-11e8-9a7d-cd30504ff902_story.html?utm_term=.25f769ed10f7
[3] Id.
[4] https://www.washingtonpost.com/politics/congress/vietnam-pays-respects-to-john-mccain-with-tributes-flowers/2018/08/27/5e004f80-a9cf-11e8-9a7d-cd30504ff902_story.html?utm_term=.25f769ed10f7
[5] https://www.reuters.com/article/us-usa-mccain-vietnam/vietnam-says-john-mccain-helped-heal-the-wounds-of-war-idUSKCN1LC0P8
[6] https://abcnews.go.com/Politics/john-mccain-pow/story?id=32574863
[7] https://www.washingtonpost.com/news/morning-mix/wp/2018/08/27/when-mccains-anti-asian-slur-stalled-his-straight-talk-express-he-doubled-down-then-he-apologized/?utm_term=.cb872792afad
[8] https://www.cbsnews.com/news/john-mccain-funeral-obama-george-w-bush-requested-eulogies/

KOGO AM Radio Features Shawn Weber Interview

The KOGO AM 600 Morning News with anchors Ted Garcia and LaDona Harvey featured a live interview with family law attorney Shawn Weber of Weber Dispute Resolution on Wednesday, August 16.

Weber discussed tips from his latest blog post, "Back to School Doesn't Have to Mean Back to Court," which offers advice for divorced parents on solving disagreements over their children and their return to school. Conflicts regarding spending over clothing and supplies, communication from school officials, and participation in various extracurricular school activities are common sources of friction between divorced parents. The failure to solve these problems can send parents back to their attorneys, and even back to court.

If you missed the interview, you can listen to it here.

Avoid an expensive trip back to court – contact Weber Dispute Resolution

Back to school sometimes sends divorced parents back to court. Are you fighting over:
  • Responsibility for buying school supplies?
  • Who’s driving the kids to school?
  • After-school activities?
  • Who talks to your kids’ teachers?
  • Emergency contact?
  • Who gets to sit where at the school play?
Call on Weber Dispute Resolution to help you and your clients get an A-plus on school plans that work for the entire family. Weber Dispute Resolution can help you avoid an expensive, lengthy, and emotionally damaging court fight. Call 858-410-0144 to set up a private settlement conference.

READ MORE: Early Intervention: Why Mediation Early In A Family Law Case Can Save a Fortune in Fees and Stress 

KOGO AM Radio Features Shawn Weber Interview

The KOGO AM 600 Morning News with anchors Ted Garcia and LaDona Harvey featured a live interview with family law attorney Shawn Weber of Weber Dispute Resolution on Wednesday, August 16.

Weber discussed tips from his latest blog post, "Back to School Doesn't Have to Mean Back to Court," which offers advice for divorced parents on solving disagreements over their children and their return to school. Conflicts regarding spending over clothing and supplies, communication from school officials, and participation in various extracurricular school activities are common sources of friction between divorced parents. The failure to solve these problems can send parents back to their attorneys, and even back to court.

If you missed the interview, you can listen to it here.

Avoid an expensive trip back to court – contact Weber Dispute Resolution

Back to school sometimes sends divorced parents back to court. Are you fighting over:
  • Responsibility for buying school supplies?
  • Who’s driving the kids to school?
  • After-school activities?
  • Who talks to your kids’ teachers?
  • Emergency contact?
  • Who gets to sit where at the school play?
Call on Weber Dispute Resolution to help you and your clients get an A-plus on school plans that work for the entire family. Weber Dispute Resolution can help you avoid an expensive, lengthy, and emotionally damaging court fight. Call 858-410-0144 to set up a private settlement conference.

READ MORE: Early Intervention: Why Mediation Early In A Family Law Case Can Save a Fortune in Fees and Stress 

Early Intervention: Why Mediation Early in a Family Law Case Can Save Money and Stress

I regularly serve as a pro tem settlement judge on the Mandatory Settlement Conference (MSC) Panel with the San Diego County Superior Court.  While I enjoy helping folks through their MSCs, the help is simply too little too late for many people.

Often, the preparation for the MSC is nearly as stressful and costly as preparing for the trial itself for everyone involved including the attorneys, clients, and other professionals who may be involved.

Lawyers need to certify that discovery is complete and prepare elaborate briefs. Waiting until the very end of a case to attempt mediation does the parties and the professionals a great disservice. The pained and stressed-out expressions on the faces of the parties and counsel at the MSCs I facilitate say it all.

Better Options for Settling Cases: Early Mediation

If your family law case is at a crossroads, consider mediation to take it from conflict to quick conclusion. Photo: Geralt/Pixabay

If your family law case is at a crossroads, consider mediation to take it from conflict to quick conclusion. Photo: Geralt/Pixabay

There are many options near the beginning of the case to settle issues, manage discovery concerns, and resolve unnecessary conflict.  Even (and especially) high conflict cases can benefit from earlier intervention with a mediator to short circuit the conflict. Attorneys benefit from early mediation because it helps them settle the cases with a realistic chance of settling successfully. It frees them up to focus on trials for cases that won’t settle.

Here are some ideas for how you can engage the ADR services of a mediator early in your family law case.

Meet and Confer – On Steroids

Every family law attorney is aware of the requirement for the “meet and confer” conference. Too often it’s simply given lip service by a short phone call to opposing counsel without discussing the issues. Because lawyers sometimes give less attention to what needs to happen to settle, the case stalls.

Why not have a facilitated meet and confer settlement conference to identify the issues and formulate a plan for a swift conclusion?

Discovery Management At Lower Cost

Often the most expensive part of a case is the discovery, which involves elaborate and arcane procedures to gather as much evidence as possible. Sometimes this takes place whether the case needs the information or not. The adversarial process spurs less and not more cooperation in discovery. As a result, parties can face months or even years of time-consuming, expensive discovery wars.

Why not use a mediator to help “referee” the discovery? Most discovery can be provided informally at much less cost. A mediator can help facilitate the discovery process to specifically target discovery needs. The mediator can help everyone conclude the case with fewer headaches and less stress for the lawyers.  This results in a lower cost for the parties.

Successfully Managing the High Conflict Case

You don't have to endure the nuclear option in a high conflict case. Mediation can be highly successful. Photo: Alex Andropov86/Pixabay

You don’t have to endure the nuclear option in a high conflict case. Mediation can be highly successful. Photo: Alex Andropov86/Pixabay

There is a common misconception that people cannot mediate high conflict cases. It’s simply not true.

Most high conflict behavior in divorce cases is based on fear and hurt. That’s because Court proceedings tend to exacerbate and actually encourage high conflict responses. So, engaging a good mediator early in the process reduces conflict by managing the fight-or-flight response.

Rather than encouraging conflict including ugly public fights in court, consider short-circuiting conflict with a mediator experienced in high conflict. If the parties learn early how to interact productively, it then makes the rest of the case go more smoothly, and often more quickly.

Use Early Intervention Through Mediation to Resolve Interim Issues

The terribly backlogged family courts sometimes take months to hear even the most routine (and sometimes pressing) interim motions. Working with you and your clients in mediation, I can help you resolve interim questions like support and custody in a fraction of the time and cost compared to filing a Request for Order. Because a mediated settlement conference efficiently resolves interim issues, the parties can relax a little more.  Instead of reacting to ongoing problems, people can focus on concluding the case.

Consider a Court-Ordered Family Centered Case Resolution Plan Per Family Code Section 2451

Court ordered family centered case resolution plan under the California Family Code Section 2451 is a valuable tool in your toolkit.

One little-known Family Code provisions involves the use of Alternate Dispute Resolution (ADR) as part of a court-ordered family centered case resolution plan. It is described in Family Code Section 2451. Additionally, California Rule of Court 5.83 describes how to implement the plan. Parties can appoint a case manager as part of the plan. They can also apply Code of Civil Procedure Section 639 to appoint the case manager as a discovery referee. Further, Family Code Section 2451 (a)(3) gives protection to attorneys who follow any discovery plans adopted as part of a court-ordered family resolution plan as follows:

“Limitations on discovery, including temporary suspension pending exploration of settlement. There is a rebuttable presumption that an attorney who carries out discovery as provided in a family centered case resolution plan has fulfilled his or her duty of care to the client as to the existence of community property.”

This Family Code section 2451 procedure has been effective in my experience. It can do a lot to reduce costs, and keep the case moving quickly towards settlement.

Because there are many ADR options beyond an end-of-case settlement conference where a mediator can make a huge difference, the key is to start early. Call on Weber Dispute Resolution to help. We have the training, skills, and experience to get your family law case past stuck. Our approach serves to support existing relationships with legal counsel, and will preserve the family’s wealth by reducing family conflict. Peace of mind is priceless.