Divorce or separation is never an easy decision. It is not uncommon for divorce proceedings to involve lengthy discussions about finances, children and how to move forward. You should know that court isn’t always the best option. Mediation with family members is a less stressful, more productive option for families to settle key issues after a divorce.
Family mediation offers a secure neutral and unbiased space in which separated couples can explore practical issues together, guided by an impartial mediator. The focus isn’t on assigning blame or revisiting old conflicts. The goal is to make agreements that are fair to both parties, and that are enforceable. The topics include financial arrangements as well as division of property, and co-parenting. However, the flexible nature of the process permits it to be customized to meet the individual requirements of each family.
One of the best advantages of mediation is the fact that it places decision-making into the decision-making of the couple. Instead of entrusting decisions to a court, mediation helps both parties find solutions that fit their individual family situations. This often leads to longer-lasting, more realistic agreements.
What is an MIAM and why is it part of the process?
In England and Wales in England and Wales, before proceeding with mediators for family disputes or filing court proceedings for concerns related to children or finances most separating couple are required to be present at MIAM (Mediumation Information and Assessment Meeting).
The first meeting takes place one-on-one, with a mediator from the family. In this session, the mediator explains how the mediation process works and determines if it is appropriate for the circumstances of the couple. Participating in the MIAM MIAM is not a binding obligation for anyone. This is a chance for you to learn about your options and determine whether mediation is the better choice instead of formal court proceedings.
Most people find that once they fully understand how mediation works they’re ready to give it a attempt, particularly after learning how much more affordable and flexible it can compare to the court system.
How Family Mediation as well as the C100 Form are interconnected
If mediation isn’t appropriate or if either or both of them decides not to pursue the mediation process, then the mediator is able to sign a C100. When submitting a request to the Family Court for an order related to child arrangements This form is required. The form demonstrates the mediation effort was taken, but didn’t work or did not lead to an agreement. The form must be completed (except in certain circumstances excluded) before a court application regarding child custody arrangements will be accepted.
Families are able to come to an agreement that is amicable through family mediation before they ever submit a C100. It is for this reason that starting a mediation process could be beneficial. Mediation can save the anxiety, stress and expense of appearing in the court.
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 that are geared towards everybody’s needs, and especially children.
In most cases the positive outcomes and transitions that result from mediation for families are better since the process is kept out of courtrooms and the focus is on respectable dialogue and mutual understanding. For many, it’s the only way to move forward with greater clarity and less conflict helping families not just separate but also reshape their future by taking care.