Divorce and separation are not always simple. It is not uncommon for divorce proceedings to involve complicated discussions regarding children, finances and the future. But it’s important to know that court proceedings aren’t the only option and neither is it the only option. Families are increasingly turning to family mediation to provide a more collaborative and less stressful way of resolving key issues in a separation.
A safe, non-judgmental area is created for couples to work together on practical issues, with the help by an impartial mediator. The emphasis isn’t on the issue of blaming or revisiting old conflicts. The primary focus is on the coming years and creating agreements that work for both parties. These typically cover co-parenting plans financial arrangements, co-parenting plans, and division of property, but the flexibility of the procedure allows it to adjust to the requirements of every family.
Mediation is a powerful tool since it allows couples to take the initiative. Mediation allows both parties to identify solutions that are particular to their families instead of leaving the final decision to an individual judge. This often leads to longer-lasting and more realistic agreements.
What exactly is MIAM? And why does it play an important role in this process?
The majority of divorced couples are legally required to attend a MIAM in England and Wales to attend an MIAM, or Mediation Information and Assessment Meeting. This is prior to when they are able to proceed with mediation with their family members for issues related to finances or children.
The first meeting will be in a one-on-one setting with a family mediator. In the meeting the mediator from the family explains the procedure of mediation and examines if it is appropriate for the couple. The most important thing is that participating in a MIAM does not obligate anyone to engage in mediation. It is simply a chance to consider the possibilities and consider whether mediation could offer a better alternative to formal court hearings.
Many people find that once they understand the mediation process, they are open to giving it a trial especially when they understand how affordable and flexible it can compare to the court system.
The C100 form and Family Mediation
The mediator is able to be able to sign the C100 form in circumstances when mediation isn’t appropriate, or if one or both parties decide not to go through with the process. This form is required for anyone applying to the family court to obtain a child arrangements order. It is basically a confirmation that mediation was discussed but it was not appropriate or did not bring about agreement. Without this signed form (except for certain cases exempt from the requirement) or an application to court regarding child arrangements usually won’t be accepted.
In many cases families can arrive at a consensus through mediation without ever having to submit a C100 form. This is why a first step in mediation can be extremely beneficial since it helps to avoid the time, expense and stress of navigating through the court system in totality.
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 helps families focus on coming up with solutions that meet the needs of all involved particularly children.
Family mediation can be more effective and results in more peaceful transitions, as it keeps the process outside of the courtroom. For many, family mediation is the only way to move on with more clarity, less conflict, and helping families not only separate, but reshape the future with care.