Understanding empathy in the context of a contested divorce as well as a contested custody case is perhaps just as important as any other tool for resolution. Empathy by definition is the ability to show understanding of the other person's perspective. As children we learned the saying "put yourself in the other person's shoes".
Financial terms are important just as much as parenting schedules and decision making are of significant impact in custody and visitation agreements. All too often in Family Law cases one person or a lawyer may say to the other side "you are just not getting it". Understanding what is important and why is critical to successful resolution with less conflict. What is important to one person may be of less interest to the other person. Therefore, it is a ripe opportunity to give something to the other side that even if not equal may be less critical and instead promote resolution. A simple example is who takes or picks up a child from an extra-curricular activity if one parent hates doing it but doesn't want to "give in". Perhaps one person is religious and the other person less so. Perhaps the bedroom set is special to one party and the other person really wants the dining room set. It could be that one person shopped for it or the set is unique and the other person has less interest. These are examples of items and concepts that are easy to grasp.
The deeper understanding of empathy is to be able to process how and why a person feels a certain way. If you can recognize why an issue is important to the other person more creative resolution is possible. Likewise, empathy should not be so excessive that your own values are so diminished that resentment forms because your own needs are not met. Therefore, a balancing of your reasonable needs and desires is vital to your acceptance of resolution. Empathy requires listening not only to what is said but how it is said. Tone can be just as important as content. Visual cues such as rolling of your eyes or looking disgusted or at the ceiling can trigger responses as strong as spoken words.
Social and emotional intelligence are divorce resolution skills just as leadership and motivational skills are important in business. That extra moment of kindness and understanding may result in quicker resolution with less time and expense in the courthouse.