Separation and divorce are rarely simple. It’s not easy to navigate through divorce. There are a lot of difficult conversations to have about the financial situation, children and how you’d like to proceed. But it’s important to know that court proceedings aren’t the only option, nor is it always the most effective alternative. Many families are discovering that family mediation is a more collaborative, less stressful way to resolve important issues that arise during separation.
A safe, neutral place is set up to allow couples to collaborate with respect to practical issues under the direction by an impartial mediator. It is not about blaming or reliving past conflicts. Instead, the emphasis should be focused on the future in coming up with agreements that are enforceable and fair for both sides. Topics include financial arrangements, division of property and co-parenting. But the flexibility of the process enables it to be tailored to meet the requirements of every family.
One of the most appealing aspects of mediation, is that the decision-making process remains within the control of the couple. Mediation helps both parties to identify solutions that are specific to their families, instead of putting the outcome to an arbitrator. This leads to more lasting and reasonable agreements.
What exactly is MIAM What is it? How is it a factor in this process?
Most divorced couples are legally required in England and Wales to take part in the MIAM, also known as a Mediation Information and Assessment Meeting. This is required before they can proceed with mediation with their family members for issues related to finances or children.
The first meeting takes place by one-onone with a family mediator. In this meeting the mediator explains the process of mediation and explores whether it is suitable for the couple’s situation. Crucially, attending a MIAM does not obligate anyone to engage in mediation. The MIAM is an opportunity to examine the options and determine if formal court proceedings are more appropriate than mediation.
Once they’ve fully grasped how mediation works, many people are more willing to explore it. Particularly, when they see how affordable and flexible it is in comparison to court procedures.
How the C100 Form Connects to 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 has to be submitted to the court when requesting a child arrangement order. This form demonstrates that mediation efforts were taken, but did not work or didn’t result in an agreement. This form must be signed (except for specific cases that are exempted) before a court filing concerning child custody arrangements can be accepted.
Families are often able to reach an agreement that is amicable through family mediation before they ever file a C100. Mediation can be an excellent method to avoid court and the cost and stress that comes with it.
A More Collaborative Path Forward
The difficulties of separation may be overwhelming. However, family mediation, assisted by the MIAM process and the informed utilization of the C100 form, can offer an option that is more empowering and collaborative. Mediators aid families in finding practical solutions to their issues which focus on the needs of all parties, including children.
In most cases the positive results and the positive changes that come from family mediation are more favorable as the process is kept away from courtrooms and the primary focus is on respectful dialogue and mutual understanding. It is often the best way to move forward with greater clarity and less conflict. It helps families not just divide but alter their lives in a way that is thoughtful.
