Should force majeure be taken into account when forming a psychoanalytic setting

Setting is the established rules for conducting psychoanalytic therapy with a client. In psychoanalysis, there is no standard agreement for cooperation for all categories of clients, and with each setting a setting is developed based on the individual characteristics and needs of those who seek help. The force majeure contract stipulates briefly in the agreement of cooperation, as force majeure circumstances that may interfere with the therapy. In the Russian legislation in Art. 401 h.3 of the Civil Code of the Russian Federation indicates that the parties to the contract are liable if they cannot prove that the improper fulfillment of contractual obligations depended on extraordinary, unavoidable circumstances. In order to avoid manipulation by clients, the first session should clarify what is included in the concept of force majeure:

1) Circumstances should not only be difficult to fulfill, but absolutely impossible to apply and apply not to one person, but to all people. This may be due to climatic conditions (snowstorm, snowfall, hurricane or earthquake), with political obstacles (revolutions, strikes, road blocking).

2) Legal force majeure, when the adoption of decrees prohibiting such activities or preventing the start of work due to the closure of the office building, offices.

3) Short-term force majeure circumstances: fire, epidemic, tragic circumstances of life associated with close relatives.

If verbal conclusion of the contract and disclosure of all circumstances that may lead to a violation of treatment is not enough for the client, a bilateral agreement is concluded in which all possible obstacles should be set out in writing. Force majeure in the contract is formulated as a separate clause:

"By force majeure and inevitable force in the contract should be understood extraordinary events that could not be provided for at the conclusion of the contract." Further, a listing of these circumstances or their oral presentation is possible.

The rules for fulfilling the conditions of the setting described in the contract apply not only to the client, but also to psychoanalyst. In advance, the following should be spoken: the frequency of visits, the duration of one session, the purpose of the work, the form of the analysis, the possibility of interrupting therapy for the duration of the vacation, the amount of payment. So, with borderline patients it is very important to establish the hours and duration of admission from the very beginning. Strict adherence to these boundaries allows the client to feel protected. Delays in reception are pronounced upon the first violation of the setting: work with the client cannot be continued for the duration of his delay, but is carried out strictly on time. Payment is retained in full. T.O. the client can decide for himself whether to be late for an appointment or not, is he ready to pay the same amount not for 45 minutes of work, but for 20-30 minutes? The therapist’s late arrival is unacceptable, because injure the patient, create a negative transfer.

If in advance, during the formation of the setting, an agreement will be concluded that force majeure is an insurmountable, but completely discussed circumstance, then any event can be analyzed from the perspective of influencing the human psyche, on his feeling and experience. This makes it possible to discuss the patient’s emotions in relation to the analyst, to events in the state, to parents. Indeed, he could perceive many situations before as insurmountable. But are all of them such?

With hysterical and with asocial personality types, prone to manipulation, setting conditions are spoken out at the first meeting. Asocial clients should immediately indicate the impossibility of skipping sessions and establish payment for a missed session, and with hysterical clients make restrictions on tactile contacts and indicate the impossibility of increasing the time of meetings on the same day. The conviction of some that they can manipulate anyone, hiding the true reasons for their behavior and the need of others to provoke the implementation of eroticized interactions, requires from the analyst not only clear guidelines from the first day, but also careful adherence to the agreements and their regulation in case of violation of both sides.


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