Separation and divorce aren’t straightforward. It’s not uncommon to have challenging discussions on finances, children and the future. However, it’s important to realize that going to court isn’t the only option or is it always the most effective alternative. Family members are increasingly choosing mediation for their family to provide a more collaborative and less stressful way of resolving important issues that arise during a divorce.
Family mediation offers a secure uninvolved space where two couples can discuss practical issues, aided by an impartial mediator. This isn’t about blaming or re-visiting past conflict. The primary focus is on the coming years and creating agreements that work for both parties. The most common topics are co-parenting plans as well as financial arrangements and division of property. However, the flexible nature of the process allows it to adapt to the needs of each family.
One of the most valuable advantages of mediation is the fact that it puts decision-making in the hands of the couple. Mediation allows both parties to find solutions that are particular to their families instead of leaving the decision to an individual judge. This can lead to agreements that are more practical and last for a long time.
What is what is a MIAM and Why is It part of the process?
Most divorced couples are required to attend a MIAM in England and Wales to attend an MIAM, or Mediation Information and Assessment Meeting. This is necessary before they are able to proceed with family mediation for issues related to finances or children.
The first session is by one-onone with a mediator from the family. During the meeting the mediator for families explains the process of mediation and examines if it is appropriate for the couple. It is crucial to remember that attending a MIAM does not make anyone obligated to mediation. It’s merely a chance to consider the possibilities and assess whether mediation might offer a better alternative to formal court procedures.
Many people find that after they’ve mastered the process of mediation and how it works, they’re more inclined to give it try especially once they learn how efficient and cost-effective it is able to be compared to the court system.
How does the C100 Form Connects to Family Mediation
In the event that mediation is not suitable in the event that one or both parties decide not to go through with the process, the mediator can sign a C100 form. If you are requesting the Family Court for an order concerning child custody the form is required. This form confirms that mediation attempts were conducted, but was unsuccessful or did not bring about an agreement. Without this form (except in certain exempt cases) the request to the court concerning arrangements for children is typically not accepted.
Families are often able to reach an amicable resolution through family mediation, prior to having to ever have to submit an C100. This is the reason that starting a mediation process could be beneficial. Mediation can save the stress, hassle and cost 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 practical solutions which prioritize everyone’s needs, especially the children.
Family mediation can be more effective and can lead to better transitions as it keeps the process outside of the courtroom. It is often an essential element to progress with more clarity and less conflict. It helps families to not only separate but also reshape their future by taking care.