Separation or divorce is never an easy decision. It’s not easy to undergo the divorce process. There are usually difficult conversations about the financial situation, children and how you’d like to move forward. Be aware that court is not the only or best option. Family mediation is a less stressful, more cooperative option for families to settle the most important issues that arise after divorce.
Family mediation creates a safe, neutral space where separating couples can work through practical matters together, guided by an impartial mediator. The emphasis isn’t on the assigning of blame or revisiting past conflict. Instead, the focus should be focused on the future in creating agreements which are fair and effective for both parties. The procedure allows it to be tailored to the needs of each family.
One of the most beneficial benefits of mediation is the fact that it leaves decision-making in the control of the couple. Mediation assists both parties to identify solutions that are specific to their family, instead of putting the outcome to an arbitrator. This may lead to agreements that are more realistic and last for a long time.
What is a MIAM and Why Is It part of the process?
Many couples who are separated are legally required in England and Wales to be present at the MIAM or Mediation Information and Assessment Meeting. This is before they can proceed with family mediation in relation to finances or children.
The first session is in a one-on-one setting with a mediator for families. The mediator will discuss how mediation works and will decide whether it is appropriate for your particular couple. Crucially, attending an MIAM doesn’t require anyone to engage in mediation. It’s just a chance to consider the possibilities and assess whether mediation might be a better option than formal court procedures.
A majority of people are willing to give mediation a go once they know the procedure. This is especially true when they understand how adaptable and economical this alternative to court proceedings could be.
How Family Mediation and the C100 Form are related
In situations where mediation isn’t appropriate or if one or both parties choose not to go through with the process the mediator may complete a C100 form. If you are requesting the Family Court to obtain an order relating to child custody it is necessary to fill out this form. The form is used to confirm the mediation effort was conducted, but failed or didn’t lead to an agreement. Without this signed form (except in exempt cases) An application to a court regarding child custody will usually not be accepted.
Families are able to come to an amicable settlement through family mediation, prior to having to ever file an C100. It’s for this reason that initiating mediation could be beneficial. Mediation can save the anxiety, stress and expense of going to court.
A More Collaborative Path Forward
Family mediation can help to overcome the problems of separation. The MIAM process is supported by the C100 and is a well-thought-out use. Mediators aid families in finding solutions for their issues which focus around the interests of everyone involved, including children.
Family mediation can be more effective and can lead to better transitions as it keeps the process outside of the courtroom. For many, it becomes the key to moving forward with more clarity and less conflict, assisting families not to be separated but to reshape their future by taking care.