Divorce or separation is never an easy task. The process usually involves challenging discussions about children and finances, as well as the best way to proceed. It is important to realize that going to court might not be the right choice or the only option. Many families are discovering that family mediation offers an effective, collaborative and less stressful way to resolve important issues that arise during separation.
A neutral, safe area is created for couples to come together on issues of practical concern, under the direction of an impartial mediator. The focus isn’t on the issue of blaming or revisiting old conflicts. The primary focus is on the coming years and the creation of agreements that work for both parties. The process allows it to be tailored to meet the individual needs of families.
One of the greatest benefits of mediation, is that the final decision remains in the couple’s hands. Instead of leaving decisions to a court mediation can help both parties find solutions that fit their unique family situation. This often leads to longer-lasting and more practical agreements.
What is MIAM? And why does it play a part in the process?
Most separating couples have to be legally required in England and Wales to attend an MIAM, or Mediation Information and Assessment Meeting. This is required before they can begin family mediation for issues related to finances or children.
The first meeting will be in a one-on-one setting with a family mediator. The mediator will discuss the procedure of mediation and help you decide whether it is appropriate for your particular couple. Attending the MIAM MIAM does not make you bind any person. This is a chance to you to explore your options and determine whether mediation is a better option rather than court procedures.
Most people are willing to attempt mediation after they are aware of the process. This is especially true once they are aware of how flexible and affordable this alternative to court proceedings could be.
The C100 form and Family Mediation
In situations where mediation is not suitable, or if one or both parties choose not to proceed, the mediator can sign what’s called a C100 form. When submitting a request to the Family Court for an order related to child custody This form is required. This form confirms the mediation effort was conducted, but did not work or didn’t bring about an agreement. Without this form (except in some exempt cases), an request to the court concerning child custody arrangements is usually not accepted.
Families are able to come to an agreement that is amicable through family mediation, before they ever submit the C100. This is why starting with mediation can be beneficial as it can help avoid the time, cost, and stress of going through the court system entirely.
A More Collaborative Path Forward
Separation can be a stressful experience. However, family mediation and the MIAM process, and the informed use of C100 offers greater collaboration and a more empowering way. Mediation helps families focus on finding practical solutions that prioritize the needs of everyone involved especially children.
The process is kept out of the courtroom and putting the emphasis on communicating with respect and understanding between families Family mediation usually leads to more positive outcomes and healthier changes. For many, it becomes an essential element to progress with greater clarity and less tension, helping families not simply separate but to reshape their future with sensitivity.