Handling Narcissistic Traits in Divorce Mediations (Strategies for Successful Settlement)

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In the world of divorce proceedings, the term “narcissist” has become a common label. However, it’s important to understand that merely labeling a spouse as a narcissist does not necessarily influence the court’s decisions or result in punitive measures. While the term may be used frequently by divorce litigants to describe challenging behavior, it does not automatically equate to legal consequences. Recognizing narcissistic traits can, however, play a crucial role in shaping mediation strategies and settlement negotiations.

The DSM-5 (Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition) defines Narcissistic Personality Disorder (NPD) as a pervasive pattern of grandiosity (in fantasy or behavior), a constant need for admiration, and a lack of empathy, beginning by early adulthood and present in various contexts. While the term may sometimes be overused, the reality is that many people dealing with divorce face spouses who exhibit narcissistic traits. Recognizing and understanding these traits is becoming increasingly important for family lawyers and those going through divorce. A spouse doesn’t need a formal diagnosis of narcissistic personality disorder to exhibit behaviors which may cause significant challenges during divorce proceedings. Even without a label, these behaviors can derail settlement discussions and complicate mediation.

This blog outlines some common traits of narcissism, how they can manifest during the divorce process, and provides practical strategies for handling these tendencies in mediation and settlement.

Understanding Narcissistic Traits

Narcissists often display certain predictable traits that can be problematic in a divorce setting. These may include:

  1. Sense of Entitlement.  Narcissists have a strong desire to control situations and people and expect to be recognized as superior. In the context of a divorce, this can manifest as attempts to dominate the legal proceedings, dictate the terms of the settlement, or even control how the narrative of the divorce is portrayed to others.
  2. Manipulation and Gaslighting. A common tactic of narcissists is to use manipulation or gaslighting to maintain control. This may involve making their spouse question their own perceptions, memory, or sanity, creating a sense of confusion and dependency.
  3. Lack of Empathy. Narcissists typically show little concern for the feelings or needs of others. During divorce, this lack of empathy can lead to a disregard for the emotional well-being or legal rights of their spouse, with a focus solely on their own needs and desires.
  4. Interpersonal Exploitative Behaviors.  If a narcissist feels slighted, challenged, or threatened, they may act out of spite. This could result in prolonged litigation, refusal to negotiate, or using children as pawns in the conflict.
  5. A Belief They Are “Special” and Unique. Those with narcissistic tendencies are often deeply concerned about how they are perceived. They may engage in behaviors designed to maintain a positive public image, which can include portraying themselves as the victim or attacking their spouse’s character to gain sympathy. The mediation process provides the potential for a narcissist to maintain control over the narrative and protect their public image—common priorities for those with narcissistic tendencies.
  6. Sense of Entitlement: Unreasonable expectations of especially favorable treatment or automatic compliance with their expectations.

Turning Narcissism Into an Opportunity for Settlement

While dealing with a spouse with narcissistic behaviors can be challenging, understanding their desire for control and attention can be strategically leveraged to encourage settlement. Here’s how:

  1. Control Over the Process. Narcissists thrive on control. Mediation, rather than litigation, can appeal to this need, as it allows the narcissist to feel they have a stake in the outcome. In mediation, unlike in court, the narcissist can maintain some degree of control over the process, which can be a powerful motivator for settlement.
  2. Being the Center of Attention. Narcissists enjoy being the focal point of attention. Mediation provides a platform where they can be heard, validated, and acknowledged. This can fulfill their need for attention and make them more amenable to finding common ground.

Effective Mediation and Settlement Strategies

When dealing with a narcissistic spouse, the following strategies can help navigate the mediation and settlement process:

  1. Avoid Direct Negotiation. One of the most important recommendations is to avoid direct negotiation between the spouses. A skilled attorney or mediator can act as a buffer, preventing direct confrontations that could escalate tensions and allowing for more rational, fact-based negotiations.  Also, ideally the mediation should be a session of shuttle diplomacy, where the mediator goes back and forth between the rooms (or virtual rooms).
  2. Engage Skilled Mediators. It is crucial to work with mediators who are experienced in handling high-conflict personalities, and who have legal expertise, such as a retired judge or a family law attorney who has a depth of experience serving as a mediator.  A skilled mediator can manage the dynamics effectively, ensuring the conversation remains productive and preventing the narcissist from dominating the process.
  3. Set Clear Boundaries. Establishing firm boundaries around acceptable behavior and communication is essential. The mediator should guide the discussion and intervene if the narcissist attempts to derail the conversation with manipulative tactics.
  4. Use Written Communication. To minimize opportunities for emotional manipulation, rely on written proposals and agreements. This reduces the narcissist’s ability to engage in gaslighting or manipulative verbal exchanges.
  5. Focus on Objective Criteria. Frame discussions around objective criteria and data, such as financial statements or expert valuations. This approach reduces the narcissist’s ability to steer the negotiations based on emotions or personal opinions.
  6. Appeal to Their Self-Interest. Narcissists are highly motivated by self-interest. Frame settlement options to highlight how agreeing to terms benefits them, whether through preserving resources, avoiding public scrutiny, or achieving a sense of victory by staying out of court.

Dealing with a narcissistic spouse in a divorce setting can be challenging, but it’s not insurmountable. By understanding their need for control and attention, you can develop mediation strategies that turn these traits into opportunities for settlement. Choosing mediation over litigation often appeals to a narcissist’s desire to feel in control and remain the center of attention.  If you’re navigating a divorce with a narcissistic spouse, ensure you have a skilled legal team and mediator who understand these personality traits and can manage the complexities they bring. Remember, with the right approach, even the most challenging traits can be managed to reach a settlement that works for both parties.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Lasher Holzapfel Sperry & Ebberson PLLC

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