Separation and divorce aren’t simple. It’s not uncommon for the divorce process to include difficult discussions about children, finances and the next steps. It’s important to know that going to court may not be the best choice or even the only choice. More families today are finding that family mediation offers a more collaborative, more peaceful way of settling key issues during a separation.
Family mediation’s purpose is to create a non-judgmental and safe space where couples separated from each other can discuss their concerns under the guidance of an impartial mediator. It’s not about blaming others or revisiting conflicts from the past. The main focus is on the future and making agreements that benefit both parties. The process is flexible enough to allow it to be adapted to the needs of each family.
One of the great benefits of mediation is that the final decision remains within the control of the couple. Instead of leaving decisions to a judge mediation can help both parties determine the best solution for their specific family situation. This can lead to agreements that are more realistic and durable.
What is MIAM and why does it play a part in the process?
Before beginning family mediation or applying to court for matters related to children or finances, the majority of divorced couples in England and Wales are required to attend what’s known as a MIAM acronym for Mediation Information and Assessment Meeting.
The first meeting will be one-on-one with a mediator from the family. The mediator will discuss the procedure of mediation and help you decide if it’s appropriate for your family. Importantly, participating in a MIAM isn’t a requirement to engage in mediation. The MIAM gives participants the chance to look at the options and determine whether formal court proceedings are better than mediation.
A lot of people discover that once they understand the mediation process they’re open to giving it a attempt, particularly after learning how affordable and flexible it can compare to the court system.
The C100 form and Family Mediation
If mediation is not an appropriate option or if either or both of them decides not to go through with the process, then the mediator can sign the form C100. When applying to the Family Court for an order regarding child custody arrangements This form is required. This form confirms that a mediation attempt was made, but it either didn’t work or did not result in an agreement. Without this signed form (except for certain cases exempt from the requirement) An application to a court regarding child custody will usually not be accepted.
A lot of families can come to an agreement through family mediation without submitting an C100. This is the reason that starting a mediation process could be beneficial. It will help to avoid the anxiety, time and expense of appearing in 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. Mediators help families find solutions which are focused around the interests of everyone involved, including children.
In many cases, the positive results and changes that are the result of mediation with families are more positive because the process is kept away from courtrooms and the primary focus is on respectful communication and mutual understanding. For many families, mediation is the key to moving on with more clarity, less conflict and helping families not only be separated, but to shape their future with care.