Separation and divorce aren’t straightforward. The process usually involves difficult conversations about children and finances, as well as the best way to proceed. But it’s important to know that going to court isn’t the only option, nor is it the only alternative. Mediation in the family is a less stressful, more co-operative way for families to settle the most important issues that arise after divorce.
Family mediation is a safe uninvolved space where two couples can discuss practical matters together, guided by an impartial mediator. The emphasis isn’t on the assigning of blame or revisiting past disputes. Instead, the focus should be all-in on the future, and creating agreements that are reasonable and feasible for both parties. The most common topics are co-parenting plans, financial arrangements, and division of property. However, the flexibility of the process permits it to adjust to the specific requirements of each family.
One of the best aspects of mediation is that the decision-making process remains entirely in the hands of the couple. Mediation can help both parties identify solutions that are specific to their family, instead of leaving the final decision to the judgment of a judge. This usually leads to lasting real-time agreements.
What is MIAM and why does it play a an integral part of the process?
Most separating couples have to be legally required to attend a MIAM in England and Wales to take part in the MIAM, or Mediation Information and Assessment Meeting. This is prior to when they can commence family mediation in relation to finances or children.
The first meeting is held by a trained mediator from the family. During this session the mediator explains how mediation works and explores whether it is appropriate for the circumstances of the couple. It is crucial to remember that participating in an MIAM does not make anyone obligated to mediation. It’s simply an opportunity to explore the options and evaluate whether mediation may provide a better route than formal court hearings.
Once they are fully aware of the process of mediation, lots of people are more inclined to take it on. Especially when they see how much cheaper and flexible it is in comparison to the court system.
How the C100 Form is Connected to Family Mediation
If mediation is not appropriate or if either party or both decides to not proceed, then the mediator may sign the form C100. The form is required to be presented to the court if you want a child arrangement order. It essentially confirms that mediation was thought of but it wasn’t the right choice or didn’t bring about agreement. This form must be signed (except in certain circumstances excluded) prior to the court’s application regarding child arrangements will be accepted.
Families are often able to reach an amicable agreement by using family mediation, prior to having to ever submit a C100. This is the reason why beginning with mediation can be so beneficial it often helps avoid the time, expense, and stress of going through the court system completely.
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 developing practical solutions that take into account the needs of everyone involved, especially children.
In many cases positive outcomes and the positive changes that come from mediation for families are better due to the fact that it is conducted away from courtrooms and the emphasis is on respectful communication and mutual understanding. For many, it becomes an essential element to progress with greater clarity and less tension, helping families not to be separated but to reshape their future by taking care.