Divorce or separation is never an easy decision. It’s not unusual for the process to include difficult discussions about children, finances and how to move forward. It’s crucial to understand that going to court isn’t the only option nor is it necessarily the most efficient alternative. More families today are finding that family mediation is an effective, collaborative and less stressful approach to resolving the most pressing issues in a divorce.
A neutral, safe space is created for couples to come together in practical matters, under the supervision by an impartial mediator. It’s not about deciding who is to blame or revisiting previous conflicts. Instead, the focus should be all-in on the future, and creating agreements which are fair and effective for both sides. Common topics include co-parenting arrangements, financial arrangements, and division of property. However, the flexible nature of the process allows it to adapt to the requirements of every family.
One of the most beneficial features of mediation is the fact that it leaves decision-making in the control of the couple. Rather than leaving outcomes up to an arbitrator, mediation helps both parties in formulating solutions that reflect their families’ unique situation. This can lead to agreements which are more practical and lasting.
What is MIAM What is it? How does it play a part in the process?
Many couples who are separated have to be legally required in England and Wales to be present at the MIAM or Mediation Information and Assessment Meeting. This is necessary before they can commence mediation with their family members for issues related to finances or children.
The first meeting will be by one-onone with a family mediator. The mediator will discuss how mediation works and determine if it’s appropriate for your particular couple. Attending the MIAM MIAM is not binding on any person. The MIAM is an opportunity to consider the various options available and decide if formal court proceedings are better than mediation.
There are many people who find that after they’ve mastered the mediation process and how it works, they’re more open to giving it a attempt, particularly after learning how flexible and cost-effective it can be in comparison to the court process.
The C100 form and Family Mediation
In situations where mediation is not suitable in the event that one or both parties decide not to pursue the mediation, the mediator can complete the C100 form. This form is required when applying to the family court for an order to arrange for children. This form confirms that mediation efforts were taken, but failed or didn’t lead to an agreement. Without this signed form (except in some exempt cases), an application to court regarding child arrangements usually won’t be accepted.
Families can often reach an amicable settlement through mediation with their families before they ever need to file an C100. This is the reason that initiating mediation could be beneficial. It can help avoid the stress, hassle 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 focus on practical solutions, which are focused on everybody’s needs, and especially children.
Mediation with family members is usually more successful and leads to better transitions as it keeps the process out of the courtroom. For many families, mediation can be the most effective way of moving ahead with more clarity, less conflict, and assisting families to not just apart, but shape their future with compassion.
