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Havasupai Talking Stick Ceremony

By Ty Supancic, Esquire

The following is a powerful communication exercise developed by America’s native peoples.  It was used in tribal counsels to insure everybody was heard and any resentments were addressed.

The parties sit facing each other with notepaper and writing utensils.  The person who asked for the ceremony is designated “the Speaker.”  During the ceremony, the Speaker may hold some item designated as the “talking stick” in their hands, while the other person (the “Listener”) should hold paper and pen for note taking.

1.  The Speaker begins saying what he/she wants to say to the Listener while the Listener takes detailed notes.  The Listener does not comment or interrupt except to ask non-accusatory clarifying questions.  “So you’re calling me a liar” is not appropriate. “So you heard me say, ‘I missed the bus’.” is acceptable.

2.  When the Speaker has said everything they need to say and they feel “empty”, the Listener repeats back what he/she heard in their own words (direct quotes are okay).  If the Listener misstates what they heard, the Speaker may interrupt to correct them.

3.  When the Listener has repeated everything to the Speaker’s satisfaction, the Listener asks if the Speaker has anything they wish to add.  If the Speaker wishes to say more, go back to step 1.  Repeat steps 1-3 until the Speaker is “empty”.

4.  Only when the Speaker is empty does the Listener get to respond to the things the Speaker said.  Step 4 is actually a reversal of roles; the Listener becomes the Speaker and the Speaker the Listener, bound by the same rules as before but reversed.  With the roles now reversed, the parties go through steps 1-3 as many times as necessary until the new Speaker feels empty.  Once empty, the parties may switch roles again and continue the exercise as many times are necessary until both parties are empty.

Important notes:

If the parties cannot follow the protocol, schedule a time to reconvene when emotions have subsided..

The Listener may not argue, correct, or do anything else except ask questions with the intention of understanding what the Speaker is saying.

As many tribal groups did not have efficient written language, originally the “Speaker” would speak for shorter intervals to allow the Listener to repeat what was heard more easily.  Note taking provides a more efficient and effective exercise, but if the parties find it works better for the Speaker to speak in shorter segments with the Listener repeating what was heard between segments, that is fine. But the roles should not reverse, and the Listener should not respond or comment, until the Speaker is truly empty.

The goal is clear, complete communication, not persuasion.  If both parties walk away feeling they have been heard, the exercise is a success.

When You Plant Lettuce

When you plant lettuce, if it does not grow well, you don’t blame the lettuce. You look for reasons it is not doing well. It may need fertilizer, or more water, or less sun. You never blame the lettuce. Yet if we have problems with our friends or family, we blame the other person. But if we know how to take care of them, they will grow well, like the lettuce. Blaming has no positive effect at all, nor does trying to persuade using reason and argument. That is my experience. No blame, no reasoning, no argument, just understanding. If you understand, and you show that you understand, you can love, and the situation will change.  – Thich Nhat Hanh (Vietnamese Zen Master and Spiritual Leader)

50% off Second Saturday

On the second Saturday of every month The Law Collaborative hosts a Divorce Workshop at our office in Woodland Hills. Over breakfast and coffee, participants hear from a veteran family law attorney, a financial expert, and a mental health professional. The setting is intimate, questions are answered, and concerns are addressed. This Saturday, January 8, is our last workshop at the low rate of $50. Starting in February we are raising the registration fee. However, if you register in by 4:00 p.m. today, you will receive a 50% discount. That’s a $1200 value for $25. It’s our way of saying “thank you” for trusting us with your legal concerns.

Register today by calling our toll free number (888) 852-9961 or email info@thelawcollaborative.com.
For more information about the Second Saturday Divorce Workshop, visit RonandRobertonDivorce.com.

Best wishes for a Happy, Healthy New Year,
Ron Supancic and Robert Borsky,
Partners at The Law Collaborative, LLP

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Love, Romance, and Expectations

Keeping Great Expectations Realistic
By Dr. James Walton

By the late 1500’s, the idea of marriage based on love had taken hold in Europe inspiring Shakespeare’s Romeo and Juliet.  Shakespeare’s work explored the ecstasies of passion and the devastating consequences of fiery passion not balanced with a realistic perspective.

It was their unrealistic expectations that swept them off their feet and carried them off to their tragic end.  What was true in the time of Shakespeare continues to hold true today; if we allow our expectations of love to run our romance, we will never see the marriage in a realistic light.  Our unrealistic expectations will kill our relationship.

Statistically, arranged marriages experience lower rates of divorce than love based marriages because they do not have the luxury of depending on love to carry them through.  If their marriage is going to survive, they have to make decisions based upon what is good for the relationship.  What is true for them is also true for you.  If your marriage is going to survive, then you must base your decisions on what is good for the relationship above what is good for you alone.

We often expect marriage, and surely our spouses, to rescue us from our feelings of isolation and loneliness.  Love will conquer all.  It will not.  Marriage is not a solution for loneliness.  Two can be a lonelier number than one.

To improve your marital odds, lower your expectations of what your marriage is going to do for you.  Healthy relationships are created by our participation in them.

Your marriage should be treated as a living being under your care whose health is dependent upon your attention.  To have a successful marriage, you must become its loving servant to enjoy all the gifts that a healthy and loving relationship can bring.

Dr. James E. Walton, Ph.D. is a licensed Marriage & Family Therapist with a private practice in Sherman Oaks. Visit his website at LAtherapist.com or call 818-753-4865.

50% off Second Saturday Divorce Workshop

On the second Saturday of every month The Law Collaborative hosts a Divorce Workshop at our office in Woodland Hills. Over breakfast and coffee, participants hear from a veteran family law attorney, a financial expert, and a mental health professional. The setting is intimate, questions are answered, and concerns are addressed. This Saturday, January 8, is our last workshop at the low rate of $50. Starting in February we are raising the registration fee. However, if you register in the next 24 hours you will receive a 50% discount. That’s a $1200 value for $25. It’s our way of saying “thank you” for trusting us with your legal concerns.

Register today by calling our toll free number (888)852-9961 or email info@thelawcollaborative.com.

Financial Check-Up (Part 2 of 4)

Jim Cagle is a CPA with Allegent Group in Woodland Hills.  He has twenty-five years of experience in taxation, business management and directing audits, reviews and compilations with an eye towards measuring and improving the health of business.  Jim has particular expertise in real estate, entertainment, and photo finishing industries.

In honor of the new tax season, Ron and Robert have conducted a four-part interview with Mr. Cagle. Last week they left off talking about the difference between a tax credit and a tax deduction.  In this second interview we’ll find out whether or not childcare expenses are a tax deduction, if there is a difference between childcare expenses and dependent-care expenses, and what kind of expenses qualify as tax credits.

Like what you heard? Subscribe to Ron and Robert on Divorce on iTunes.

Missed last week? Click HERE to listen to it now.

Time to Tattle on Crooked Spouses

Hi everybody,

It’s tax time for us accountants, but that is not what this post is about – well, not exactly.  Actually, it’s to tattle on the law abiding (and crooked) spouses and apprise family law professionals of three income tax changes coming in 2011 that can affect spousal support and estate planning (aka dying expectations).

1.     Depreciation Expense – It’s possible for businesses to buy and deduct up to $125,000 of the cost of business property (furniture, fixtures and equipment).  Yes, there are some phaseout limitations, but it’s worth knowing about this IRS rule.  Why?  Haven’t you ever questioned the cause for that dip in earnings for that business owner spouse?  Most of us look at the obvious answer– unrecorded cash.  But maybe you should look below the top line and peek at the purchase depreciation expense.  Some of it might be added back and included in cash flow, which in turn will increase income available for support to that giving spouse.

2.     Social Security Withholding – Speaking of support, for 2011 only, the legislation reduced the rate for the Social Security portion of payroll taxes to 10.4% by reducing the employee rate from 6.2% to 4.2% (the employer’s portion remains at 6.2%).  This translates to hundreds of dollars for each of your clients to use and spend on their support payments.

3.     Estate Taxes – The government reinstated the estate tax, with an estate tax rate of 35% for estates over $5 million (adjusted for inflation after 2011).  Your estate is not tax free to entitled children or heirs as it was in 2010, but it’s still cheaper to die now than it was only a few years ago.

With all this good tax news, I hope you all make lots of money and I wish you all Happy Holidays and a kind and healthy New Year.

Steven B. Garelick, CPA/ABV/CFF, CVA, CFS
MEDIATOR, COLLABORATIVE
email: SBGarelickCPA@gmail.com
tel (818) 601-4707 <<>> (626) 441-1040
fax (818) 884-2641 <<>> (626) 441-1090*

*Post updated to reflect Mr. Garelick’s new contact information.