Separation and divorce aren’t simple. It’s not easy to navigate through divorce. There are often difficult conversations regarding finances, children and how you’d like to move forward. It’s crucial to recognize that court hearings may not be the best option or even the only choice. Many families are discovering that family mediation is an effective, collaborative and less stressful approach to resolving the most pressing issues in a divorce.
The purpose of family mediation is to create an open and safe environment where couples that are separated can discuss their concerns under the supervision of an impartial mediator. The emphasis isn’t on the issue of blaming or revisiting old conflicts. The goal is to focus on the future and making agreements that are beneficial for both parties. The process allows it to be customized to each family’s needs.
One of the best aspects of mediation, is that the decision-making process remains within the control of the couple. Instead of leaving decisions to a judge mediation can help both parties discover solutions that suit their particular family circumstances. This can lead to agreements that are more realistic and last for a long time.
What is an MIAM and Why Is It Part of the Process?
Most divorced couples are required to attend a MIAM in England and Wales to attend a MIAM, also known as a Mediation Information and Assessment Meeting. This is required before they can proceed with family mediation for issues related to children or finances.
The initial meeting takes place in a one-on-one setting with a qualified mediator for families. In the course of the meeting the mediator will explain the procedure of mediation and determines if it is appropriate for the couple. Importantly, participating in an MIAM does not obligate anyone to initiate mediation. It is simply a chance to learn about the options available and assess whether mediation might provide a better route than formal court processes.
Many people find that after they’ve mastered how mediation works they are more inclined to give it trial, especially after they realize how adaptable and affordable it can be when compared to a court process.
What is the C100 Form is connected to Family Mediation
If mediation is not appropriate or if both parties or both choose to not proceed, then the mediator could sign a C100. This form is required for anyone applying to the family court to obtain a child arrangements order. It affirms that mediation was attempted but did not result in an agreement. A court will not accept a child custody request without this form with the exception of certain exemption circumstances.
Families often come to an agreement that is amicable through family mediation, prior to having to ever need to file the C100. This is the reason that initiating mediation could be beneficial. It could help you avoid the stress, time and expense of appearing in court.
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 allows families to focus on practical solutions that are geared towards everybody’s needs, and especially the children.
In many instances the positive results and transitions that result from mediation in the family are much more beneficial as the process is kept off the courtrooms and main focus is on respectful dialogue and mutual understanding. It’s often the most effective way to move forward with greater clarity and less conflict. This helps families not just separate, but transform their lives with compassion.