Separation and divorce aren’t simple. The process usually involves hard conversations regarding children, finances, and how to move forward. However, it’s important to realize that court hearings aren’t the only option, nor is it necessarily the most efficient alternative. More families today are finding that mediation in the family is the most collaborative, less stressful approach to resolving important issues that arise during separation.
The purpose of family mediation is to create an open and secure environment in which couples who have separated can discuss their concerns under the guidance of an impartial mediator. It is not about blaming or re-visiting past conflict. Instead, the emphasis should be entirely on the future and coming up with agreements which are fair and effective for both sides. Some of the topics are financial arrangements as well as division of property, and co-parenting. But the flexibility of the process permits it to be adapted to meet the unique needs of every family.
One of the most valuable advantages of mediation is the fact that it puts decision-making in the control of the couple. Mediation allows both parties to come up with solutions that are specific to their families, instead of putting the outcome up for an individual judge. This leads to more lasting and reasonable agreements.
What exactly is MIAM What is it? How does it play a role in the process?
Most separating couples have to be legally required to attend a MIAM in England and Wales to take part in an MIAM, also known as a Mediation Information and Assessment Meeting. This is before they can commence family mediation to resolve issues relating to finances or children.
The initial meeting is one-on-1 with a family mediation specialist. During this session the mediator explains how mediation works and explains if it’s suitable for the couple’s situation. It is important to note that attending an MIAM doesn’t obligate anyone into mediation. It is simply a chance to consider the possibilities and consider whether mediation could provide a better route than formal court hearings.
After having a thorough understanding of the process of mediation, lots of people are more eager to try it. Particularly when they can see how much cheaper and flexible it is in comparison to the court system.
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 arrangements for children it is necessary to fill out this form. The form is used to confirm the mediation effort was conducted, but failed or didn’t bring about an agreement. The court won’t accept the child custody request without this form signed, except in certain exemption situations.
Many families are able to reach an agreement through mediation without ever submitting any C100. Mediation is often the best method to avoid court and the costs and the anxiety that it brings.
A More Collaborative Path Forward
Separation can be a stressful experience. However, family mediation which is supported by the MIAM process and the sensible use of C100 is the opportunity for a more productive, collaborative route. Mediation assists families in coming up with solutions that meet the needs of everyone involved, particularly children.
Family mediation is typically more effective and can lead to more peaceful transitions, as it keeps the process outside of the courtroom. In many cases, it is the only way to move forward with greater clarity and less tension, helping families not just separate but also reshape their future with care.