Separation or divorce is never an easy process. It’s not uncommon for the divorce process to include difficult discussions about finances, children and the future. It is important to know that court isn’t always the ideal option. Family mediation is more relaxed, less stressful, and a co-operative method for families to resolve important issues following divorce.
Family mediation offers a secure neutral and unbiased space in which separated couples can work through practical matters together, guided by an impartial mediator. It is not about blaming or reliving previous conflicts. The main focus is on the future and establishing agreements that are beneficial for both parties. The process allows it to be customized to the needs of each family.
One of the greatest benefits of mediation, is that decision-making remains in the couple’s hands. Instead of delegating decisions to a judge mediation can help both parties determine the best solution for their specific family situation. This may lead to agreements that are more practical and long-lasting.
What exactly is MIAM, and why does it form an integral part of the process?
In England and Wales, before taking action with family mediators or filing court cases on concerns involving children or finances most separating couple are required to be present at MIAM (Mediumation Information and Assessment Meeting).
The first meeting is by one-onone with a family mediator. During this session, the mediator explains how the mediation process works and explores whether it is appropriate for the couple’s circumstances. Participating in a MIAM is not binding on any person. This is a chance to you to learn about your options and assess if mediation would be more beneficial instead of formal court proceedings.
Once they’ve fully grasped the mechanism of mediation, a lot of people are now more likely to try it. Particularly when they realize how easy and cost-effective it is compared to courts.
The C100 form and Family Mediation
If mediation isn’t the best option, or if one or both parties choose not to go through with the process the mediator is able to fill out the C100 form. This form is required for anyone applying to the family court to obtain an order for child arrangements. It basically confirms that mediation was thought of but it wasn’t suitable or didn’t lead to agreement. The form must be signed (except for specific cases that are excluded) before a court application for child arrangements is accepted.
In many instances families can reach an agreement through mediation without ever having to fill out a C100 form. This is why starting with mediation is so beneficial because it helps to avoid the expense, time and stress of going through the court system altogether.
A More Collaborative Path Forward
The challenges of separation can feel overwhelming, but family mediation, supported by the MIAM process and informed use of the C100 form, offers a path that is more collaborative and empowering. Mediation allows families to concentrate on practical solutions, which are focused on everybody’s needs, and especially children.
In many cases the positive results and the positive changes that come from family mediation are more favorable due to the fact that it is conducted away from courtrooms and the focus is on respectable communications and understanding. It’s often the best way to proceed with greater clarity and less tension. This helps families to not only separate but also reshape their lives with care.