Divorce and separation are not always easy. It’s not uncommon to have difficult discussions about children, finances and the next steps. Be aware that court is not the sole or best choice. More families today are finding that family mediation is the most collaborative, less stressful method of resolving key issues during a separation.
Family mediation’s goal is to create a neutral and secure space in which couples that are separated are able to discuss issues of practical concern under the guidance of an impartial mediator. The focus is not on determining who’s to blame or revisiting conflicts from the past. The goal is to focus on the future and creating agreements that are beneficial for both parties. The most common topics are co-parenting plans, financial arrangements, and division of property. However, the flexibility of the procedure allows it to adjust to the specific needs of each family.
One of the greatest benefits of mediation is the fact that it leaves decision-making in the couples’ hands. Mediation allows both parties to come up with solutions that are unique to their families, instead of leaving the decision to the judgment of a judge. This often leads to longer-lasting and more realistic agreements.
What is MIAM and why does it play a part in this process?
In England and Wales prior to taking action with family mediators or filing court proceedings for concerns involving financial matters or children, most divorcing couples must attend MIAM (Mediumation Information and Assessment Meeting).
The initial meeting takes place one-on-one with a trained mediator from the family. During the meeting the mediator will explain the process of mediation and determines if the process is appropriate for the particular circumstances of the couple. It’s important to understand that participating in an MIAM doesn’t obligate anyone into mediation. It is simply a chance to learn about the options available and evaluate whether mediation may provide a better route than formal court procedures.
Once they’ve fully grasped the mechanism of mediation, a lot of people are more eager to explore it. Particularly, when they see the cost savings and flexibility it is compared to the court system.
The C100 form and 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 is required when submitting a request to the family court for an order for child arrangements. It essentially confirms that mediation was considered, but it wasn’t the right choice or didn’t bring about agreement. Without this form (except in certain exempt cases), an application to the court for child custody arrangements is usually not accepted.
Families are often able to reach an agreement that is amicable through mediation with their families before they ever need to file an C100. This is the reason why beginning with mediation can be so beneficial it can help avoid the cost, time, and stress of going through the court system altogether.
A More Collaborative Path Forward
Mediation for families can be a way to overcome the challenges of separation. The MIAM process is backed by the C100 and an informed usage. Mediation helps families focus on developing practical solutions that take into account the needs of everyone involved, particularly children.
Family mediation can be more effective and can lead to healthier transitions by keeping the process from the courtroom. It is often the best method to get ahead with more clarity and less conflict. This helps families not just separate, but reshape their lives with care.