Separation and divorce are rarely simple. It’s not easy to navigate through divorce. There are many difficult discussions about children, finances and how you want to proceed. The court system isn’t the only or best option. Families are increasingly choosing mediation for their family as a joint and less stressful way of resolving the most important issues of a separation.
Family mediation creates a safe, neutral space where separating couples can work through practical matters together, guided by an impartial mediator. It’s not about blaming others or revisiting conflicts from the past. The goal is to develop agreements that are fair to both parties and workable. The most common topics are co-parenting plans along with financial arrangements, as well as division of property. However, the flexibility of the process permits it to adapt to the specific requirements of each family.
One of the great benefits of mediation, is that decision-making remains entirely in the hands of the couple. Instead of leaving decisions up to an individual judge, mediation aids both parties to come up with solutions that are based on their family’s unique situation. This usually leads to lasting and more realistic agreements.
What is MIAM and why is it a factor in the process?
Before beginning family mediation or submitting an application to court for matters related to finances or children, the majority of divorced couples are required to attend a MIAM. England and Wales must attend what’s known as a MIAM which stands for Mediation Information and Assessment Meeting.
The first session is in a one-on-one setting with a family mediator. In this session the mediator explains how mediation works and explains if it’s appropriate for the couple’s circumstances. Attending a MIAM isn’t binding on anyone. The MIAM is an opportunity to explore the options available and decide whether formal court proceedings are more appropriate than mediation.
A lot of people discover that once they understand the process of mediation they are more inclined to give it trial especially when they understand how much more affordable and flexible it can be in comparison to the courts.
What is the relationship between Family Mediation as well as the C100 Form are interconnected
In the event that mediation is not suitable in the event that one or both parties do not wish to go through with the process the mediator may fill out a C100 form. If submitting an application to the Family Court to obtain an order regarding child custody the form is required. The form is used to confirm that mediation attempts were conducted, but failed or didn’t result in an agreement. The form must be signed (except for specific cases that are excluded) prior to submitting a court request regarding child custody arrangements will be accepted.
Families often come to an amicable settlement through mediation with their families before they ever have to submit a C100. It’s for this reason that starting a mediation process could be beneficial. It can help avoid the anxiety, stress and expense of appearing in court.
A More Collaborative Path Forward
The difficulties of separation may feel overwhelming, but family mediation, assisted by the MIAM process and the judicious utilization of the C100 form, can offer a path that is more collaborative and empowering. Mediation assists families in developing practical solutions that take into account the needs of everyone involved, especially children.
Family mediation can be more effective and can lead to better transitions because it keeps the process from the courtroom. It is often the only way to move forward with more clarity and less conflict, assisting families not to be separated but also reshape their future by taking care.