Divorce and separation are never simple. It’s not easy to go through the divorce process. There are many difficult discussions about finances, children and how you want to proceed. It is important to know that court isn’t always the ideal option. Families are increasingly using mediation to resolve family disputes as a collaborative and less stressful means of settling key issues in a separation.
Family mediation creates a safe, neutral space where separating couples can work through practical matters together, guided by an impartial mediator. The focus isn’t on in determining who is responsible or revisiting previous conflict. The goal is to focus on the future and establishing agreements that work for both parties. The topics include financial arrangements, division of property and co-parenting. But, the flexible nature of the process allows for it to be adapted to the specific requirements of each family.
One of the best aspects of mediation is the fact that it leaves decision-making in the hands of the couple. Instead of leaving decisions up to an arbitrator, mediation helps both parties in formulating strategies that reflect their family’s specific situation. This can lead to more long-lasting and practical agreements.
What exactly is MIAM? And why does it play an important role in the process?
Prior to beginning family mediation or submitting an application to the courts for issues related to finances or children, the majority of divorced couples in England and Wales are required to attend what’s known as a MIAM short for Mediation Information and Assessment Meeting.
The initial meeting takes place by a trained family mediator. During this session, the mediator explains how mediation operates and determines if the process is appropriate for the couple’s circumstances. Participating in the MIAM MIAM is not binding on anyone. This is a chance to participants to gain knowledge about their options and determine whether mediation is a better option over formal court proceedings.
Most people are willing to attempt mediation after they have a better understanding of the process. This is especially so when they see how flexible and economical this alternative to court proceedings could be.
How the C100 Form Connects to Family Mediation
The mediator is able to sign the C100 form in instances in which mediation is not appropriate, or when one or both parties decide not to go through with the process. This form must be submitted when submitting an application to the family court for an order for child arrangements. This form demonstrates the mediation effort was conducted, but failed or didn’t produce an agreement. A court cannot accept the child custody request without this form, except in certain exemption instances.
Many families can reach an agreement through family mediation without ever submitting an C100. This is the reason that beginning mediation can be beneficial. It can help avoid the anxiety, stress and expense of going to the court.
A More Collaborative Path Forward
The difficulties of separation may seem overwhelming, but family mediation, supported through the MIAM process and informed utilization of the C100 form, can provide a path that is more inclusive and empowering. Mediation allows families to focus on coming up with solutions that meet the needs of everyone involved particularly children.
The process is kept out of the courtroom and putting the emphasis on communicating with respect and understanding between the family members Family mediation can lead to better results and smoother transitions. In many cases, it is the only way to move forward with greater clarity and less conflict, assisting families to not only separate but to reshape their future with care.
