Separation and divorce are never straightforward. The process is often accompanied by challenging discussions about children, finances, and how to move forward. It’s important to understand that going to court may not be the best option or the only option. Many families are using mediation to resolve family disputes to provide a more collaborative and less stressful way of resolving the most important issues of a separation.
Family mediation’s goal is to create a neutral and safe space where couples separated from each other can discuss practical issues together under the supervision of an impartial mediator. The emphasis isn’t on the issue of blaming or revisiting old conflict. The goal is to focus on the future and establishing agreements that work for both parties. Topics include financial arrangements such as division of property and co-parenting. But the flexibility of the process allows for it to be tailored to meet the individual needs of each family.
Mediation is a valuable instrument because it lets couples to make their own decisions. Mediation assists both parties to identify solutions that are specific to their family, instead of putting the outcome up for an arbitrator. This can lead to agreements that are more practical and long-lasting.
What is a MIAM and Why Is It A Part of the Process?
Most divorced couples are required in England and Wales to be present at an MIAM, or Mediation Information and Assessment Meeting. This is necessary before they can proceed with mediation with their family members for issues related to children or finances.
The initial meeting is one-on-one with a trained mediator in the family. In this meeting, the mediator explains the process of mediation and determines if it is appropriate for the circumstances of the couple. It is important to note that attending an MIAM isn’t an obligation to engage in mediation. It’s simply an opportunity to learn about the options available and assess whether mediation might provide a better route than formal court hearings.
Once they are fully aware of the process of mediation, lots of people are more willing to explore it. Especially when they see how easy and cost-effective it is compared to the court system.
What is the C100 Form connects to Family Mediation
If mediation is not the best option, or if either or both of them decides not to pursue the mediation process, then the mediator could sign a C100. This form is required when submitting a request to the family court to obtain an order of child arrangements. It confirms the fact that mediation was attempted, but didn’t result in an agreement. A judge will not approve a child custody request without this document or dated, unless in specific exemption instances.
Many families can reach an agreement through mediation without having to submit an C100. This is the reason that initiating mediation could be beneficial. It will help to avoid the stress, hassle and expense of going to the 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 developing practical solutions that take into account the needs of all those involved particularly children.
In many cases the positive results and the positive changes that come from mediation with families are more positive due to the fact that it is conducted away from courtrooms and the primary focus is on respectful communication and understanding. For many, family mediation is the best way to move ahead with more peace, and less tension and helping families not only divide, but also shape the future with compassion.