Separation or divorce isn’t an easy thing to do. It’s not an easy task to navigate through divorce. There are often difficult conversations regarding the financial situation, children and how you’d like to move forward. However, it’s important to realize that going to court isn’t the only option and neither is it always the most effective alternative. Family mediation can be a less stressful, more productive approach for families to work out important issues following 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 conflicts. The purpose of the process is to create agreements that are fair to both parties, and that are enforceable. The process is flexible enough to allow it to be tailored to the specific needs of each family.
One of the greatest benefits of mediation, is that the decision-making process remains with the couple. Instead of leaving the final decision up to the judge, mediation assists both parties to come up with solutions that are based on their family’s specific situation. This helps to create more lasting and reasonable agreements.
What is a MIAM and Why is It part of the process?
The majority of divorced couples have to be required in England and Wales to be present at an MIAM, or Mediation Information and Assessment Meeting. This is before they can commence family mediation for issues related to finances or children.
The initial meeting takes place by a trained mediator for families. During the session the mediator will explain the procedure of mediation and examines if it is suitable for the couple. It is crucial to remember that participating in an MIAM isn’t an obligation to engage in mediation. It’s just a chance to learn about the options available and consider whether mediation could provide a better solution than formal court processes.
A majority of people are willing to try mediation once they have a better understanding of the process. This is particularly true when they see how flexible and cost-effective this alternative to court proceedings could be.
The C100 form and Family Mediation
If mediation isn’t appropriate or if either party or both of them decides not to go through with the process, then the mediator is able to sign a C100. This form is required when applying to the family court to obtain an order for child arrangements. It confirms the fact that mediation attempts were made but was unsuccessful in achieving an agreement. Without this signed form (except in some exempt cases) or an application to court regarding child arrangements usually won’t be accepted.
Families are able to come to an agreement that is amicable through family mediation before they ever file a C100. Mediation can be an effective way to avoid court, the costs and the stress that comes with it.
A More Collaborative Path Forward
The challenges of separation can feel overwhelming, but mediation with family members, aided by the MIAM process and the informed utilization of the C100 form, provides an option that is more collaborative and empowering. Mediation allows families to concentrate on practical solutions that take into account all of the needs of everyone, particularly the children.
Mediation with family members is usually more effective and can lead to healthier transitions by keeping the process outside of the courtroom. It’s often the most effective option to make a move with more clarity and less conflict. This allows families to not just be separated but also alter their lives in a way that is thoughtful.