Separation or divorce isn’t an easy process. It’s not an easy task to navigate through divorce. There are usually difficult conversations about children, finances and how you’d like to go about it. It’s crucial to understand that court hearings aren’t the only option and neither is it always the most effective option. Family mediation is an easier, less stressful and cooperative option for families to settle the most important issues that arise after divorce.
Family mediation creates a safe, neutral space where separating couples can work through practical matters together, guided by an impartial mediator. This isn’t about blame-shifting or reliving past conflicts. The main focus is on the future and the creation of agreements that are beneficial for both parties. Common topics include co-parenting arrangements as well as financial arrangements and division of property. However, the flexibility of the process permits it to adapt to the requirements of every family.
One of the great benefits of mediation, is that the final decision remains in the couple’s hands. Mediation can help both parties find solutions that are specific to their families, instead of leaving the decision to a judge. It can lead to more lasting real-time agreements.
What is MIAM what is it, and why does it form part of the procedure?
Many couples who are separated are legally required to attend a MIAM in England and Wales to be present at the MIAM, or Mediation Information and Assessment Meeting. This is required before they can begin mediation with their family members for issues related to children or finances.
The first meeting is one-on-1 with a family mediation specialist. In this session the mediator will explain the process of mediation and explains if it’s suitable for the couple’s situation. It’s important to know that participating in an MIAM does not make anyone obligated to mediation. It is a chance to explore the options available and decide if formal court proceedings are more appropriate than mediation.
Most people find that after they’ve mastered the process of mediation they’re inclined to give it trial especially when they understand how much more efficient and cost-effective it is able to be when compared to a courts.
How the C100 Form is connected to Family Mediation
If mediation is not appropriate or if one or both parties decide not to proceed the mediator must sign what’s called the C100 form. If submitting an application to the Family Court to obtain an order relating to arrangements for children, this form is needed. It is basically a confirmation that mediation was considered, but it wasn’t the right choice or didn’t lead to agreement. The court won’t accept a child custody request without this form being signed and signed, unless there are exemption instances.
In many cases families can reach an agreement through family mediation before ever needing to file a C100 form. This is the reason that starting a mediation process could be beneficial. Mediation can save the stress, time and expense of going to the court.
A More Collaborative Path Forward
The difficulties of separation may seem overwhelming, but mediation with family members, aided by the MIAM process and informed use of the C100 form, can offer an option that is more cooperative and empowers. Mediation can help families focus on developing practical solutions that take into account the needs of everyone involved particularly children.
Mediation with family members is usually more effective and can lead to healthier transitions by keeping the process from the courtroom. In many cases, it is an essential element to progress with more clarity and less tension, helping families not just separate but also reshape their future with sensitivity.
