Wonder at the Possibilities

Those of you who have gotten to know me know that I am a big Red Sox fan and that my passion for the Sox has been passed on to my now teenage son. Over the years we have shared many great moments together around the baseball diamond. One moment I will never forget occurred as the Fenway Park groundskeeping crew was preparing for a rain delay. I brought my then 8 year old over to “canvas alley” to watch the crew cover the field. As I explained the job, he looked up at me in amazement. “You mean they actually get paid to work at Fenway Park?” His little mind couldn’t comprehend that people would not want to volunteer at Fenway Park for free every day.

When I recall this learning moment for my son, I know that it is also a reminder for me. When you are lucky enough to do something each day that you feel passionately about, it transforms from simply being work, to being something that can engage you and amaze you. I am truly grateful for the opportunity I have to help my clients each and every day. I recommit to doing all that I can to maintain “the beginner’s mind,” and wonder at the possibilities. Happy New Year.

Martin Murphy, Esq. is a collaborative attorney and seasoned mediator. He is dedicated to using the principles and benefits of mediation and collaborative law in the general representation of businesses, their owners and in helping families facing divorce, child custody and other family law issues. The Law Office of Martin Murphy, LLC located in Norwood MA, serves clients in the surrounding communities including Attleboro, Canton, Foxboro, Franklin, Mansfield, Medfield, Medway, Millis, Norfolk, North Attleboro, Plainville, Sharon, Walpole, Westwood, and Wrentham., Marty can be reached at marty@martinmurphyatlaw.com

Resolve to Finish by Beginning Again

For those considering divorce, this “merry” season can be fraught with stresses that lead to arguments, frustrations, and a sense of hopelessness. If you have been overcome by the stress of the season, I simply suggest that you take a few moments to reflect back on the moment you decided you were ready for a new start. This isn’t the moment you were filled with anger, frustration or anxiety, but the moment of clarity when you knew without question it was time to move on.

Suzuki Roshi was a Sōtō Zen monk and teacher, and is credited with saying “In the beginner’s mind there are many possibilities; in the expert’s mind, there are few.”

Approaching the obstacles of the season with the “beginner’s mind” will help you develop more potential options for their resolution. New traditions can be crafted, and families can be reshaped. Disagreements can be sorted out, and life can move on in a new direction. Mediation and Collaborative Law are processes that can help you stay focused on the ultimate goal rather than give in to the distractions and frustrations foisted upon us.

As the calendar turns to the New Year, resolve to finish the process already begun by focusing on that moment of clarity that truly began you on this journey. I wish you the very best in the New Year.

Martin Murphy, Esq. is a collaborative attorney and seasoned mediator. He is dedicated to using the principles and benefits of mediation and collaborative law in the general representation of businesses, their owners and in helping families facing divorce, child custody and other family law issues. The Law Office of Martin Murphy, LLC located in Norwood MA, serves clients in the surrounding communities including Attleboro, Canton, Foxboro, Franklin, Mansfield, Medfield, Medway, Millis, Norfolk, North Attleboro, Plainville, Sharon, Walpole, Westwood, and Wrentham., Marty can be reached at marty@martinmurphyatlaw.com

The Right Parenting Plan

The kids heading off on a Disney cruise through the Bahamas with one parent may seem completely reasonable, but how about the other parent wanting to visit relatives with the kids…. in Somalia?

International travel is one of the many areas in a parenting plan where parents have to be particularly thoughtful and considerate of the future. Parents headed through a divorce might want to consider this and other important issues.

Drop Off Duty
Which parent is responsible for dropping off the kids? What happens when the kids are intentionally running late? One way to avoid the “waiting in the driveway” syndrome is to have the parent with the kids be responsible for delivering them to the other parent.

Time Off vs. Time With
In today’s economy with both parents usually working, the primary or custodial parent is often looking for some “time off.” Making sure the other parent lives up to his or her allotted time allows for the custodial parent to rest and recharge their batteries.

Sick Days, Doctors’ Appointments and No Power Days
Providing for “surprise days” and scheduled doctors’ appointments will make for a better parenting plan.

She’s a Teenager!
Preparing a flexible parenting plan that allows for the needs of a sociable teenager is wise. At the same time, it is equally important that the parents try to have a consistent voice about what is permitted behavior and what is not!

Family Traditions
If your spouse’s family has a tradition of spending the 4th of July with multi-generations in New Hampshire, are you sure you want to demand alternating all such holidays? At the same time, divorce can be all about starting new traditions with your kids. Finding the best parenting plan for your family is an important part of the divorce process.

Mediation and Collaborative Law can provide you with the best opportunity to come up with the best plan for your family. If you have any questions on finding the right parenting plan, please contact my office for a free process presentation.

Martin Murphy, Esq. is a collaborative attorney and seasoned mediator. He is dedicated to using the principles and benefits of mediation and collaborative law in the general representation of businesses, their owners and in helping families facing divorce, child custody and other family law issues. The Law Office of Martin Murphy, LLC located in Norwood MA, serves clients in the surrounding communities including Attleboro, Canton, Foxboro, Franklin, Mansfield, Medfield, Medway, Millis, Norfolk, North Attleboro, Plainville, Sharon, Walpole, Westwood, and Wrentham., Marty can be reached at marty@martinmurphyatlaw.com

Election Fatigue – Three Steps to Eliminating Washington Gridlock using Mediation Techniques

Like many, I am fatigued by the barrage of ads and endless news coverage of the 2012 election. Personally I am grateful for the fact that I don’t live in a swing state. I can’t imagine the saturation point of the average citizen there. I never thought an ad for a personal hygiene product or for a drug that will cure some dysfunction would bring a sense of relief while watching a little television.

For me however, watching the election of 2012 was more troubling because so many of the approaches, behaviors and activities being played out on the national stage were the very things I work day in and day out to eliminate as a mediator and Collaborative Attorney. The polarizations, personal characterizations and positional approaches make it harder for people to work together to build consensus.

So what recommendations would I make to help Washington break its gridlock and get back to the work of the people? My experiences with mediation clients can help highlight some potential options. Here are three are three steps that can lead us forward in a very productive way.

First, insist on an atmosphere of respect. Personal attacks, belittling comments and broad generalizations about others have no place in a mediation and will have a detrimental impact on any negotiation. Instead, all parties have to begin to truly accept that those who hold positions that vary from their own are not “bad” people because of it. I would ask each politician to consider their staunchest opponent and then list three things about that person that reminds them of themselves. Personalizing the “enemy” in this way should lead to a decrease in the acrimonious rhetoric.

Second, create a mutual acknowledgement that some differences because of ideology will just not be able to be diminished. In mediations, I typically get clients who want to win the war on the “facts” of a particular event. After allowing each to present their perspective, I often inquire if there is anything the other could say that would change this perception of the past. Accepting that those differences will just coexist frees the parties to focus on other issues. We need our politicians in Washington to start focusing less on their differences and more on the common needs of all the people.

Lastly, I would suggest that we take a little more time to celebrate the successes. I regularly highlight for my clients the “mini” agreements they have reached throughout the process. This positive momentum helps build consensus on other more difficult topics. Too often, clients and politicians focus on why something failed. We need to focus more on the concrete successes.

Our President has presented a message for moving forward. I would suggest that he and all of our elected officials consider the above steps as a way to help them begin moving forward together.

Martin Murphy, Esq. is a collaborative attorney and seasoned mediator. He is dedicated to using the principles and benefits of mediation and collaborative law in the general representation of businesses, their owners and in helping families facing divorce, child custody and other family law issues. The Law Office of Martin Murphy, LLC located in Norwood MA, serves clients in the surrounding communities including Attleboro, Canton, Foxboro, Franklin, Mansfield, Medfield, Medway, Millis, Norfolk, North Attleboro, Plainville, Sharon, Walpole, Westwood, and Wrentham., Marty can be reached at marty@martinmurphyatlaw.com

The Costs of Divorce

I just have to vent a little bit on the subject of an article featured by one of the main speakers at this weekend’s IACP event in Chicago (see link below).

The story summarizes the failed divorce trial of a couple with an estate valued at $100 million. The trial ended almost before it started with a mistrial and for that experience the couple spent approximately $7.4 million combined in legal fees.

Wow.

The story goes on to describe how the couple fired their litigation counsel and hired collaborative attorneys. For about 1% of their prior legal bills, the collaborative team brought the couple all the way through to a completed divorce agreement.

Very few people can relate to having an estate worth $100 million. Unfortunately countless families can personally identify with the economic devastation that the costs of divorce have wrought on their finances.

I regularly have clients who litigated a divorce several years ago and have now sought out mediation or Collaborative Law to work out a modification of their agreement. One of the main reasons they are seeking an alternative process is to avoid repeating the financially devastating process they went through.

Many with a bit of perspective can look back and realize the money they spent on the process just wasn’t worth it. In a way, their own emotions hijacked their own wallet.

While mediation and Collaborative Law are not without costs, they can be and should be a far better cost alternative to litigating a case. If you would like to discuss how mediation or Collaborative Law might work for you and your budget, please contact my office.

Article Link:

http://www.dmagazine.com/Home/D_Magazine/2012/September/Ed_Bailey_100_Million_Dollar_Divorce.aspx

Martin Murphy, Esq. is a collaborative attorney and seasoned mediator. He is dedicated to using the principles and benefits of mediation and collaborative law in the general representation of businesses, their owners and in helping families facing divorce, child custody and other family law issues. The Law Office of Martin Murphy, LLC located in Norwood MA, serves clients in the surrounding communities including Attleboro, Canton, Foxboro, Franklin, Mansfield, Medfield, Medway, Millis, Norfolk, North Attleboro, Plainville, Sharon, Walpole, Westwood, and Wrentham., Marty can be reached at marty@martinmurphyatlaw.com