Divorce and separation aren’t always straightforward. It’s not simple to traverse the divorce process. There are a lot of difficult conversations to have about finances, children and the way you’d like to proceed. It’s important to know that court proceedings may not be the best choice or the only one. More families today are finding that family mediation offers the most collaborative, less stressful way to resolve the most pressing issues in a divorce.
Family mediation’s goal is to create a non-judgmental and secure space in which couples who have separated can talk about practical issues under the supervision of an impartial mediator. This isn’t about blame-shifting or reliving past conflicts. Instead, the emphasis should be entirely on the future and creating agreements that are reasonable and feasible for both parties. Common topics include co-parenting arrangements financial arrangements, co-parenting plans, and division of property, but the flexible nature of the process allows it to be adapted to the requirements of every family.
Mediation is an effective tool because it allows couples to take decisions. Instead of entrusting decisions to a judge mediation can help both parties come up with solutions that are appropriate for their individual family situations. It can lead to more lasting and more practical agreements.
What exactly is MIAM What is it? How does it play an important role in the process?
Before beginning family mediation or applying to the courts for issues related to children or finances, most separating couples are required to attend a MIAM. England and Wales are required to participate in what’s referred to as a MIAM short for Mediation Information and Assessment Meeting.
This first meeting is held one-on-one with a family mediation specialist. In this session the mediator explains how mediation works and determines if it is appropriate for the circumstances of the couple. It’s important to know that attending an MIAM doesn’t obligate anyone into mediation. It’s a chance for you to explore your options and decide whether mediation is more beneficial over formal court proceedings.
The majority of people will consider mediation once they know the procedure. This is especially so once they are aware of how flexible and cost-effective this alternative to court proceedings could be.
How the C100 Form Connects to 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 has to be submitted to the court in order to request an order of arrangement for children. It confirms the fact that mediation was attempted, but failed to produce an agreement. Without this signed form (except in certain exempt cases) An application to a court regarding child custody arrangements is usually not accepted.
Families are often able to reach an amicable settlement through family mediation, prior to having to ever file an C100. Mediation is usually the best method to avoid court and the costs and the anxiety that it brings.
A More Collaborative Path Forward
The stress of separation can feel overwhelming, but mediation for families, which is facilitated by the MIAM process and the judicious utilization of the C100 form, provides an alternative that is more empowering and collaborative. Mediation helps families focus on the practical issues that are most important to the needs of all involved especially children.
Family mediation is typically more effective and results in more peaceful transitions, as it keeps the process from the courtroom. For many, it becomes an essential element to progress with greater clarity and less conflict helping families not to be separated but also reshape their future with care.