Unlike amicable divorces where both parties work together respectfully, high-conflict divorces involve situations where communication has completely broken down. There may be a history of domestic disputes, deep-rooted anger and resentment, personality disorders, substance abuse issues, or conflicting parenting styles fuelling the tensions. As a lawyer, the priority is trying to comprehend these dynamics through intake interviews, looking out for red flags, and identifying key trigger points. This understanding sets the foundation for dealing with conflict productively as the case moves forward.
Maintaining impartiality and objectivity
A big pitfall to avoid when handling high-conflict divorce cases is getting emotionally entangled and taking sides in the couple’s disputes. As challenging as it is, family lawyers have to approach each case impartially regardless of their personal opinions or biases. It means listening to each party respectfully despite accusations flying back and forth, focusing objectively on facts and evidence instead of emotions, and putting the children’s best interests first. Maintaining neutrality promotes trust in the lawyer’s guidance, ensures both parties’ perspectives are valued, and enables cooler heads to prevail when emotions run high.
Acting as mediator and facilitator
Lawyers don’t just build legal cases in high-conflict situations they often serve as mediators too. Applying conflict resolution techniques helps opposing parties identify common ground, outline issues needing compromise, set expectations for negotiations, establish communication protocols, and prevent meetings from escalating into arguments. Sometimes the lawyer may meet with each party separately at first to develop options and proposals before bringing them together for joint sessions. Remaining patient, empathetic, and solution-focused is key.
When direct mediation fails or is inappropriate, lawyers act as facilitators who guide the couple toward resolution through the formal legal process. It means documenting each issue and position accurately, giving legal advice and possible outcomes to consider, helping complete forms/paperwork, and supporting efforts like court-ordered custody evaluations. Avoiding delays and keeping things moving forward can reduce tensions while solutions crystallize.
Managing emotions with empathy and boundaries
High-conflict divorces inevitably involve intense emotions like anger, distress, or feelings of betrayal. While acknowledging and understanding these emotions is important, lawyers must also set clear professional boundaries when interacting with clients to avoid getting drawn in too deeply. This could mean limiting venting/ranting sessions, redirecting conversations when unproductive, or postponing meetings if tensions are too high. There’s a balance between allowing healthy expression of feelings during an emotional time and managing conduct, so progress isn’t derailed.
It’s also about empathy understanding things from each party’s viewpoint, and how the separation may be more difficult for some based on factors like children, financial constraints, health issues, or disability challenges. Tailoring legal guidance with these sensitivities in mind makes the process less adversarial. That said, empathy shouldn’t cloud the lawyer’s objectivity or descend into inappropriate counseling territory either.
Advising realistic settlements and expectations
family lawyer Parramatta often has the tricky task of bringing unrealistic expectations down to earth. High-conflict clients can make extreme demands fueled by anger or unrealistic views around assets, obligations, parenting roles, etc. Lawyers must ground recommendations and negotiation strategies firmly in legislation and precedent, focusing on viable options. It means counseling clients about tradeoffs required to settle certain issues. For example, taking less asset division in return for greater parenting time. Managing expectations and avoiding false hope reduces frustration while promoting realistic, actionable settlement opportunities.