William A. (”Bill”) Eddy is co-founder and president of High Conflict Institute, LLC, in Scottsdale, Arizona and Senior Family Mediator at the National Conflict Resolution Center in San Diego, California. He is a Certified Family Law Specialist in California with more than fifteen years’ experience representing clients in family court. Prior to becoming an attorney in 1992, he was a Licensed Clinical Social Worker with twelve years’ experience providing therapy to children, adults, couples and families in psychiatric hospitals and outpatient clinics.
He is the author of several books, including “High Conflict People in Legal Disputes” (Janis Publications, 2006), and “Splitting: Protecting Yourself While Divorcing a Borderline or Narcissist (Eggshells Press, 2004). Bill has become an international speaker on the subject of high-conflict personalities, providing seminars to attorneys, mediators, collaborative law professionals, judges, ombudspersons and others.
How Personality Disorders Drive Family Court Litigation – Part 1
By Bill Eddy, Esquire, L.C.S.W.
I was first exposed to the concept of personality disorders in 1980 when I was in training as a therapist at the San Diego Child Guidance Clinic at Childrens Hospital. The DSM-III had just come out and Axis II of the five diagnostic categories required the therapist to diagnose the presence or absence of a personality disorder. (The DSM-IV used the same approach.)
I quickly learned (often the hard way) that the presenting problems on Axis I (e.g. depression, substance abuse) were simply replaced by new ones, if an underlying personality disorder was not addressed in therapy.
Now that I have completed several years as a family law attorney, I have frequently witnessed the same underlying issues in hotly contested family court litigation — yet these remain undiagnosed and, therefore, misunderstood. As those with personality disorders generally view relationships from a rigid and adversarial perspective, it is inevitable that a large number end up in the adversarial process of court.
Since more flexible and cost-conscious people nowadays are resolving their divorces in mediation, attorney-assisted negotiation, or just by themselves, those cases remaining in litigation may be increasingly driven by personality disorders.
The Nature of a Personality Disorder
Someone with a personality disorder is usually a person experiencing chronic inner distress (for example fear of abandonment), which causes self-sabotaging behavior (such as seeking others who fear abandonment), which causes significant problems (such as rage at any perceived hint of abandonment) — in their work lives and/or their personal lives. They may function quite well in one setting, but experience chaos and repeated problems in others. They look no different from anyone else, and often present as very attractive and intelligent people. However, it is usually after you spend some time together — or observe them in a crisis — that the underlying distress reaches the surface.
As interpersonal distress, fear of abandonment, and an excessive need for control are predominant symptoms of personality disorders, they place a tremendous burden on a marriage. Therefore, intense conflicts will eventually arise in their marriages and the divorce process will also be a very conflictual process.
In contrast to people who are simply distressed from going through a divorce (over 80% are recovering significantly after 2 years), people with personality disorders grew up very distressed. It is the long duration of their dysfunction (since adolescence or early adulthood) which meets the criteria of a personality disorder.
Usually they developed their personality style as a way of coping with childhood abuse, neglect or abandonment, an emotionally lacking household, or simply their biological predisposition. While this personality style may have been an effective adaptation in their “family of origin,” in adulthood it is counter-productive. The person remains stuck repeating a narrow range of interpersonal behaviors to attempt to avoid this distress.
In the next segment we will discuss the different types of personality disorders and what it’s like to be in court with them.
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Purchase Bill Eddy’s books:
High Conflict People in Legal Disputes
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