Separation and divorce aren’t easy. It’s difficult to go through the divorce process. There are usually difficult conversations about finances, children and the way you’d like to go about it. It’s important to know that going to court might not be the best option or even the only choice. Many families are resorting to mediation with their families for a less stressful way of resolving crucial issues during separation.
Family mediation offers a secure, neutral space where separating couples can come to terms with practical issues together, guided by an impartial mediator. This isn’t about blame-shifting or reliving past conflict. The goal is to come up with agreements that are fair for each party and practical for both. The procedure is flexible enough to allow it to be adapted to each family’s needs.
One of the most appealing aspects of mediation, is that decision-making remains in the couple’s hands. Instead of leaving decisions to a judge, mediation helps both parties determine the best solution for their unique family situation. This often leads to longer-lasting real-time agreements.
What is MIAM and why is it a factor in the process?
In England and Wales in the UK, prior to beginning the process of working with family mediators, or filing court cases for concerns involving finances or children, the majority of divorced couples must attend MIAM (Mediumation Information and Assessment Meeting).
The first meeting is in a one-on-one setting with a mediator from the family. The mediator will explain how mediation works and will decide if it’s appropriate for your couple. Participating in an MIAM is not binding on any person. It is simply a chance to consider the possibilities and evaluate whether mediation may offer a better alternative to formal court procedures.
The majority of people will give mediation a go once they have a better understanding of the process. This is particularly true once they are aware of how flexible and affordable 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 must be submitted to the court when seeking an order for child arrangement. It is basically a confirmation that mediation was discussed but it wasn’t the right choice or didn’t produce an agreement. A court will not accept a child custody application without this form signed or dated, unless in specific exemption circumstances.
Many families can reach an agreement via family mediation without having to submit an C100. This is one reason why starting with mediation can be so beneficial it helps to avoid the expense, time and stress of navigating through the court system in totality.
A More Collaborative Path Forward
The pressures of separation can be overwhelming, but family mediation, assisted through the MIAM process and the judicious use of the C100 form, can provide the possibility of being more collaborative and empowering. Mediation allows families to concentrate on practical solutions that take into account everyone’s needs, especially children.
Family mediation is often more effective and can lead to better transitions because it keeps the process out of the courtroom. Family mediation can be the most effective way of moving forward with greater peace, and less tension and helping families not only separate, but reshape the future with care.