Don’t Panic: How to Stay Calm During Divorce Mediation by Trusting the Process

Don’t Panic: How to Stay Calm During Divorce Mediation by Trusting the Process

Fans of The Hitchhiker’s Guide to the Galaxy know that the guide offers one essential piece of advice in large, friendly letters: Don’t Panic. This is especially important when you’re wondering how to stay calm during divorce mediation.

It is good advice for travelers unexpectedly launched into the chaos of the universe. It is also good advice for people beginning a divorce or other family law dispute.

The first days of separation can feel disorienting. A text message arrives. An email appears. A difficult conversation goes badly. Suddenly, every issue feels urgent, and every decision feels permanent.

That is when people are most vulnerable to making poor choices.

Fear creates urgency. Urgency creates mistakes.

At Weber Dispute Resolution, clients often hear a simple reminder: slower is faster.

When people slow down enough to gather information, ask better questions, and think clearly, they often move the case forward more efficiently and with fewer expensive detours.

One of the greatest strengths of mediation and Collaborative Practice is that they create a process. A good process helps people slow down, gather information, ask better questions, and make decisions from a place of greater stability.

The goal is not to pretend fear is unreasonable. Instead, it’s to keep fear from making the decisions and allow space for a clear, defined path forward.

Panic Makes Everything Feel Immediate

Conflict changes the way people think.

When a person feels threatened, the brain starts scanning for danger. It fills in gaps with assumptions. It treats uncertainty as proof that something terrible is about to happen.

That is why one unanswered question can quickly become a frightening story.

Will I lose time with my children? Will I be financially secure? Will my spouse be reasonable?

These are normal questions. They deserve serious attention. They do not need to be answered in the middle of an emotional surge.

In mediation and Collaborative Practice, people are not expected to solve every issue at once. The process breaks large problems into manageable parts. Parenting, support, property, budgets, and disclosures can be addressed in an organized way.

That structure matters because it gives people room to breathe and paves the way for more thoughtful conflict resolution.

Trusting the Process Does Not Mean Giving Up Control

Some people hear the phrase “trust the process” and worry that it means becoming passive.

It does not.

In mediation and Collaborative Practice, clients remain active participants. They ask questions. They gather documents. They consult with professionals. They consider options. They make decisions.

Trusting the process means understanding that good decisions usually require good information.

A person does not need to know every answer at the beginning of the case. Most people cannot. What they need is a reliable way to move from confusion to clarity.

That is what a sound process is designed to provide.  It moves clients from confusion toward practical decisions, as the next section will explore.

A Good Process Leads to Better Decisions

Divorce involves legal issues, financial realities, emotional stress, and family relationships. Those issues are often tangled together.

When people panic, they usually focus on one part of the problem and lose sight of the larger picture.

A parent may become so focused on one holiday that the larger parenting plan gets lost. A spouse may become so worried about one account that the full financial picture becomes harder to see. A person may react to one angry message as though it defines the entire future.

A good process creates space between the immediate emotion and the long-term decisions. That space leads to better judgment.

The River May Be Rough, and the Boat Can Still Be Fine

Divorce mediation is sometimes like whitewater rafting.

People do not hire a guide because the river is calm. They hire a guide because the guide understands the rapids.

The guide cannot remove every rock from the river. The guide cannot promise that nobody will get wet. The guide can read the current, anticipate hazards, and help people navigate rough water without making the ride more dangerous than it needs to be.

Mediation works in a similar way.

There may be difficult conversations. There may be emotional moments. There may be proposals that are rejected before better ones are developed.

That does not mean the process is failing.

Conflict often rises before it resolves. Experienced mediators expect that. They know how to help people stay engaged when the conversation becomes uncomfortable.

A hard meeting is not the same thing as a failed meeting. Sometimes it is the meeting where the real work begins.

Do Not Panic Because Your Spouse Hired an Attorney

Many people become alarmed when the other spouse hires an attorney.

That reaction is understandable. It can feel like the case has suddenly become adversarial.

In many cases, legal advice can actually support mediation. Clients often make better decisions when they understand their rights and responsibilities.  Additionally, when clients have a clear understanding of all of their options, including ideas outside the box, the decision making is usually much better. Consulting counsel can help a person prepare, evaluate proposals, and avoid agreements that were not fully understood.

The presence of an attorney does not automatically mean the process is over. It may mean the process has more support.

Do Not Panic Because You Do Not Have All the Answers

Most clients begin mediation with incomplete information. This lack of information can make it very hard to know how to remain calm during divorce mediation.

That is normal.

They may not know the house’s value. They may not understand retirement accounts. They may be unsure about support. They may not know what parenting schedule will work best once everyone is living in separate homes.

The early stage of mediation is often about identifying what still needs to be learned.

Questions are not a sign of failure. Questions are part of the way ahead.

Do Not Panic Because Settlement Takes Time

Some cases settle quickly. Others require patience.

That does not mean anyone is doing it wrong.

People need time to absorb information. They need time to think. They need time to test options. They need time to move from emotional reaction to practical decision-making.

Speed is not the only measure of success.

A rushed agreement can create new conflict later. A thoughtful agreement is more likely to last.

The purpose of mediation is to help people reach an informed agreement they can actually live with.

Knowing How to Stay Calm During Divorce Mediation Is a Skill

Even though it may not feel natural, keeping calm is a skill folks can learn and practice.

People practice it when they pause before responding, ask questions instead of making assumptions, and wait for information before reaching conclusions.

They also practice it by remembering that the process has a sequence.

First, identify the issues. Next, gather the information. Then, develop options. After that, evaluate choices. Then make decisions.

When people try to do all of that at once, panic takes over. When they follow the process, clarity has a chance to emerge.

You Only Need the Next Thoughtful Step

When thinking about how to stay calm during divorce mediation, people can sometimes feel as though they must solve the rest of their lives immediately.

They do not.

They need the next thoughtful step.

That step may be compiling documents. It may be scheduling a meeting. It may be consulting with an attorney. It may be preparing a budget. It may be taking a break before responding to a difficult message.

People will move forward in their cases most effectively if they take one small, thoughtful step at a time. Panicky people will often rush past the information-gathering stage and demand certainty before they understand the facts. A careful process helps folks reach clarity more reliably and more efficiently.

The Guide Was Right

There is no magic button that makes divorce easy. There is no perfect script for every hard conversation. There is no way to remove all uncertainty from a major life transition. Knowing how to stay calm during divorce mediation can sometimes be plain tough.

There is, however, a way to move through conflict with structure, support, and greater steadiness.

That is why mediation and Collaborative Practice can be so valuable. They help people make decisions without letting fear make those decisions for them.

You do not need a towel to get through mediation.

You do need patience, good information, and a process you can trust.

The Hitchhiker’s Guide got one thing exactly right:

Don’t panic.

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/