Divorce or separation is never an easy thing to do. It is not uncommon for the process to include complicated discussions regarding finances, children and how to move forward. But it’s important to remember that going to court isn’t the only option nor is it always the most effective alternative. Families are increasingly finding that family mediation offers an effective, collaborative and less stressful method of resolving important issues that arise during separation.
Family mediation’s goal is to provide a neutral and safe space where couples who have separated are able to discuss issues of practical concern under the supervision of an impartial mediator. The focus is not on determining who’s to blame or reliving past conflicts. The main focus is on the future and creating agreements that benefit both parties. Some of the topics are financial arrangements as well as division of property, and co-parenting. However, the flexible nature of the process allows for it to be tailored to meet the needs of every family.
One of the best advantages of mediation is the fact that it keeps decision-making in the decision-making of the couple. Instead of leaving the final decision up to the judge, mediation assists both parties in formulating solutions that are based on their family’s specific situation. This can lead to more long-lasting and practical agreements.
What exactly is MIAM, and why does it form part of the process?
Before proceeding with family mediation or submitting an application to the courts for issues related to finances or children the majority of couples who are divorced in England and Wales must be present at a MIAM short for Mediation Information and Assessment Meeting.
This first meeting is held one-on-1 with a family mediation specialist. During this session the mediator will explain how the mediation process works and explains if it’s suitable for the couple’s situation. It is crucial to remember that attending an MIAM does not obligate anyone to participate in mediation. It’s a chance for you to explore your options and decide if mediation would be a better option instead of formal court proceedings.
The majority of people will give mediation a go once they know the procedure. This is particularly true when they understand how adaptable and cost-effective this alternative to court proceedings can be.
How Family Mediation and the C100 Form are Related
If mediation is not an appropriate option or if one party or both parties decide to not go through with the process, then the mediator can sign a C100. This form has to be submitted to the court if you want an order of arrangement for children. It essentially confirms that mediation was thought of but it was not appropriate or did not bring about agreement. The form must be completed (except in certain circumstances that are exempted) prior to the court’s application regarding child arrangements will be accepted.
A lot of families can come to an agreement through family mediation without ever submitting a C100. This is why starting with mediation can be so beneficial it is often a way to save the time, expense and stress of navigating through the court system entirely.
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 can help families focus on practical solutions, which are focused on everyone’s needs, especially the children.
Family mediation is typically more successful and facilitates healthier transitions by keeping mediation out of the courtroom. It’s usually the best way to proceed with greater clarity and less tension. This helps families not just separate, but transform their lives with compassion.