Separation and divorce is never straightforward. It’s not unusual to have challenging discussions on finances, children and the next steps. It’s important to know that court proceedings may not be the best choice or the only one. Mediation in the family is a less stressful, more collaborative method for families to resolve 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. This isn’t about blame-shifting or reliving past conflict. The primary focus is on the coming years and the creation of agreements that work for both parties. The procedure can be flexible enough to allow it to be customized to the needs of each family.
One of the best aspects of mediation, is that the final decision remains entirely in the hands of the couple. Instead of entrusting the outcome to an individual judge, mediation aids both parties in formulating solutions that are based on their family’s particular circumstances. This can result in longer-lasting and more practical agreements.
What is MIAM What is it? How does it play a role in this process?
Most separating couples have to be required to attend a MIAM in England and Wales to take part in a MIAM, also known as a Mediation Information and Assessment Meeting. This is required before they can proceed with family mediation to resolve issues relating to finances or children.
The first meeting will be one-on-one with a mediator for families. During the session the mediator from the family explains the process of mediation and determines if it is suitable for the couple. It is crucial to remember that attending an MIAM doesn’t obligate anyone into mediation. It’s a chance for participants to gain knowledge about their options and assess if mediation would be a better option over formal court proceedings.
Many people are ready to try mediation once they know the procedure. This is especially the case when they realize how flexible and cost-effective this alternative option to court proceedings can be.
The C100 form and Family Mediation
The mediator may sign the C100 form in situations in which mediation is not appropriate, or when one or both parties decides to pursue the mediation process. When submitting a request to the Family Court for an order relating to arrangements for children, this form is needed. It essentially confirms that mediation was considered, but it wasn’t the right choice or didn’t lead to agreement. Without this signed form (except in some exempt cases), an request to the court concerning child arrangements usually won’t be accepted.
Many families can reach an agreement through family mediation without ever having to file a C100. Mediation can often be the best alternative to avoid court, the costs and the stress that comes with it.
A More Collaborative Path Forward
Separation can be difficult and overwhelming. However, mediation for families which is supported by the MIAM process and the sensible use of C100 is an easier, more cooperative path. Mediators assist families in finding solutions that are centered on the needs of everyone involved including children.
Family mediation is typically more successful and facilitates better transitions as it keeps the process outside of the courtroom. Family mediation for many can be the most effective way of moving on with more peace, and less tension and assisting families to not just separate, but reshape the future with care.