Divorce and separation are not always simple. It is usually accompanied by difficult conversations about children financial matters, as well as how to proceed. It’s important to know that going to court might not be the best option or the only option. Family mediation is an easier, less stressful and cooperative method for families to resolve crucial issues after divorce.
Family mediation creates a safe, neutral space where separating couples can work through practical matters together, guided by an impartial mediator. The focus is not on in determining who is responsible or revisiting previous conflicts. Instead, the focus is focused on the future in creating agreements which are fair and effective for both parties. These include financial arrangements including division of property, as well as co-parenting. But the flexibility of the process permits it to be tailored to meet the needs of each family.
One of the greatest benefits of mediation, is that the decision-making remains with the couple. Rather than leaving outcomes up to the judge, mediation assists both parties in formulating solutions that reflect their family’s particular situation. It can result in agreements which are more practical and lasting.
What is MIAM? And why is it a factor in the process?
In England and Wales prior to proceeding with mediators for family disputes or filing court cases on matters involving finances or children, most divorced couples are required to attend MIAM (Mediumation Information and Assessment Meeting).
The initial meeting is in a one-on-one setting with a qualified family mediator. The mediator will discuss the procedure of mediation and help you decide the appropriateness of mediation for your couple. Attending the MIAM MIAM is not a binding obligation for any person. The MIAM gives participants the chance to look at the options and decide if formal court proceedings are better than mediation.
Once they’ve fully grasped how mediation works, many people are more willing to take it on. Particularly, when they see how easy and cost-effective when compared to courts.
How does the C100 Form Connects to Family Mediation
The mediator can be able to sign the C100 form in cases in which mediation is not appropriate, or if one or both parties decides not to proceed. This form is required for anyone applying to the family court for an order to arrange for children. The form demonstrates that mediation attempts were conducted, but didn’t work or did not result in an agreement. This form must be signed (except in certain circumstances exempted) before a court filing regarding child arrangements will be accepted.
In many cases, families are able to agree on a resolution through family mediation, without having to submit a C100 form. This is the reason that beginning mediation can be beneficial. Mediation can save the anxiety, time and cost of going to the court.
A More Collaborative Path Forward
The pressures of separation can be overwhelming, but mediation for families, which is facilitated through the MIAM process and the judicious utilization of the C100 form, provides the possibility of being more collaborative and empowering. Mediators assist families in finding solutions for their issues which focus around the interests of everyone involved including children.
Family mediation can be more effective and can lead to better transitions because it keeps mediation out of the courtroom. For many, family mediation is the key to moving through the process with more peace, and less tension, and assisting families to not be separated, but to shape their future with compassion.