Separation and divorce is never easy. It’s not unusual for the divorce process to include challenging discussions on children, finances and the future. You should know that court isn’t the only or most effective option. Families are increasingly finding that mediation with their families is an easier, more cooperative, and less stressful approach to resolving important issues that arise during separation.
A safe and neutral space is provided to allow couples to collaborate in practical matters, under the guidance of an impartial mediator. The focus isn’t on the assigning of blame or revisiting past disputes. Instead, the emphasis is focused on the future in reaching agreements that are reasonable and feasible for both parties. The procedure can be flexible enough to allow it to be customized to the needs of each family.
One of the great benefits of mediation is that the decision-making process remains within the control of the couple. Mediation assists both parties to identify solutions that are specific to their family, rather than leaving the outcome up for an individual judge. This results in more durable and real-time agreements.
What exactly is MIAM and why does it play an important role in the process?
In England and Wales prior to proceeding with mediators for family disputes or filing court cases for issues relating to financial matters or children, most divorcing couples must be present at MIAM (Mediumation Information and Assessment Meeting).
The initial meeting takes place one-onone with a certified mediator for families. In the course of the meeting the mediator will explain the procedure of mediation and assesses whether it is suitable for the couple. It is important to note that attending an MIAM doesn’t require anyone to engage in mediation. It’s just a chance to learn about the options available and evaluate whether mediation may provide a better route than formal court proceedings.
A majority of people are willing to try mediation once they have a better understanding of the process. This is especially so when they realize how flexible and affordable this alternative to court proceedings can be.
The C100 form and Family Mediation
If mediation isn’t appropriate or if either or both choose to not proceed, the mediator may sign the form C100. When submitting a request to the Family Court to obtain an order concerning child custody This form is required. It is basically a confirmation that mediation was discussed but it was not appropriate or did not lead to agreement. Without this signed form (except in certain exempt cases) or an application to a court regarding arrangements for children is typically not accepted.
In many cases, families are able to reach an agreement through family mediation, without having to file the C100 form. Mediation can often be a great option to avoid court, the expense and anxiety that it brings.
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 assists families in the practical issues that are most important to the needs of everyone involved, especially children.
In many instances positive outcomes and transformations that occur from family mediation are more favorable as the process is kept out of courtrooms and the primary focus is on respectful communication and understanding. In many cases, it is the key to moving forward with more clarity and less conflict helping families not simply separate, but reshape their future with care.