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Recap of Mindy Mitnick’s Presentation on Trauma-Informed Practice in Family Law Cases

Recap of Mindy Mitnick’s Presentation on Trauma-Informed Practice in Family Law Cases

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The Association of Family and Conciliation Courts (AFCC) is an international organization dedicated to improving the way family law issues, such as divorce, custody, and conflict resolution, are addressed through collaboration between legal, mental health, and dispute resolution professionals. AFCC provides a forum for judges, attorneys, mediators, mental health practitioners, and other professionals to exchange knowledge and develop innovative strategies to help families navigate complex legal challenges.

At the Utah Chapter AFCC Annual Seminar last week in Salt Lake City (that RCG was a proud sponsor of), Dr. Mindy Mitnick, a psychologist specializing in family law and trauma-informed care, focused on the importance of integrating trauma-informed practices into legal cases in Utah. It explores the distinctions between stress and trauma, the lasting effects of trauma on clients, and offers strategies for attorneys and other professionals to better serve clients affected by trauma. The material emphasizes how trauma responses manifest during legal proceedings and outlines actionable ways to adapt professional practices.

Dr. Mitnick begins by distinguishing between stress and trauma, emphasizing that while stress is a normal response to challenges such as illness or accidents, trauma results from abnormal experiences outside the range of typical events, like witnessing violence or severe abuse. Importantly, Mitnick stresses that trauma is not about the event itself but “how the person processes the event.” This nuance highlights the individual nature of trauma responses and dispels the myth that time alone can heal traumatic wounds.

The presentation introduces the concept of trauma-informed practice, which requires professionals to recognize, respond to, and adjust to trauma’s effects on clients. A trauma-informed lens ensures that professionals “realize the widespread impact of trauma,” respond appropriately, and resist re-traumatizing clients. The goal is to reshape the attorney-client relationship, adapting strategies to account for trauma’s impact on memory, emotional regulation, and impulse control. For instance, Mitnick notes that during meetings, clients may exhibit behaviors like freezing, avoidance, or hypervigilance—each reflecting adaptive brain-based responses to perceived threats.

In complex family law cases in Utah, clients may display patterns of blame, emotional dysregulation, or “all-or-nothing thinking” towards the court system or opposing parties. These behaviors may extend to triangulating others, such as attorneys or children, into conflicts, further complicating cases. Mitnick emphasizes that clients are not necessarily resistant but are often stuck in unprocessed trauma. This lens is essential when navigating cases involving high-conflict dynamics, non-compliance with court orders, or enmeshment with children.

Mitnick offers practical strategies to Utah Divorce Attorneys, advocating for adjustments during client interactions. She advises establishing rapport, explaining processes thoroughly, and using open-ended, sensitive questioning to retrieve reliable information. Mitnick also emphasizes the need to pace meetings, allowing breaks when necessary, and avoiding the urge to rush toward reassurance. Recognizing and addressing stress proactively is critical, as clients may struggle with eating, sleeping, or concentrating long after meetings.

In conclusion, Mitnick urges Utah Divorce Attorneys to adopt a trauma-informed approach to improve their services, reduce client distress, and prevent vicarious trauma for themselves. The presentation stresses that trauma disrupts thinking, feeling, and acting, which directly impacts how clients engage with legal processes. By adjusting strategies and building awareness of trauma’s effects, Divorce Attorneys in Utah, Salt Lake County, and surrounding areas can foster better outcomes for clients and minimize harm during emotionally challenging cases. At RCG Law Group, our South Jordan Divorce Attorneys learn about and adopt these recommendations so that we can provide representation that is empathetic and caring for our client’s unique needs, and that also allows us to educate and inform our clients as we turn the heartbreak of divorce into a better, brighter future.

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