Separation and divorce aren’t easy. It’s not simple to go through the divorce process. There are usually difficult conversations about finances, children and the way you’d like to go about it. However, it’s important to realize that going to court isn’t the only option nor is it necessarily the most efficient option. Family mediation is a less stressful, more collaborative method for families to resolve important issues following divorce.
A neutral, safe space is provided for couples to work together on issues of practical concern, with the help by an impartial mediator. This isn’t about blaming or re-visiting past conflicts. Instead, the focus is entirely on the future and coming up with agreements that are reasonable and feasible for both sides. The process allows it to be adapted to meet the individual needs of families.
One of the most beneficial advantages of mediation is the fact that it keeps decision-making in the control of the couple. Mediation helps both parties to come up with solutions that are specific to their families, instead of leaving the decision to an arbitrator. This could lead to agreements which are more practical and durable.
What is MIAM What is MIAM and why does it form part of the procedure?
The majority of divorced couples are required to attend a MIAM in England and Wales to be present at a MIAM, or Mediation Information and Assessment Meeting. This is necessary before they are able to proceed with family mediation to resolve issues relating to finances or children.
The first session is one-on-one, with a mediator from the family. The mediator will discuss how mediation works and determine whether it’s suitable for your particular couple. Importantly, participating in a MIAM does not obligate anyone to proceed with mediation. The MIAM provides an opportunity to look at the options and determine if formal court proceedings are more appropriate than mediation.
There are many people who find that once they fully understand how mediation works they are more inclined to give it trial, especially after they realize how flexible and cost-effective it can be in comparison to the court system.
The C100 form and Family Mediation
In situations where mediation is not suitable, or if one or both parties choose not to proceed, the mediator can sign what’s called a C100 form. This form must be submitted to the court in order to request an order for child arrangement. This form demonstrates the mediation effort was conducted, but failed or didn’t produce an agreement. This form must be signed (except for certain cases that are exempted) before a court application concerning child custody arrangements can be accepted.
Families are able to come to an agreement that is amicable through family mediation, prior to having to ever submit the C100. This is the reason why beginning with mediation can be so beneficial it helps to avoid the expense, time and stress of navigating through the court system altogether.
A More Collaborative Path Forward
Separation can be difficult and overwhelming. But, family mediation that is aided by the MIAM process, and the informed use of C100 offers greater collaboration and a more empowering way. Mediators can help families find practical solutions to their issues which focus on the needs of everyone involved, including children.
In a lot of cases positive outcomes and the positive changes that come from mediation with families are more positive since the process is kept off the courtrooms and emphasis is on respectful communication and understanding. For many, it becomes the only way to move forward with more clarity and less conflict helping families not simply separate but to reshape their future with sensitivity.