Divorce or separation is never an easy process. It’s not easy to go through the divorce process. There are many difficult discussions about finances, children and how you’d like to go about it. It’s crucial to recognize that going to court might not be the right choice or even the only choice. A growing number of families are finding that family mediation is an effective, collaborative and less stressful method of resolving crucial issues in divorce.
The goal of family mediation is to create an open and safe environment where couples who are separating can discuss their concerns under the guidance of an impartial mediator. The focus is not on the issue of blaming or revisiting old conflict. Instead, the focus is focused on the future in making agreements that are reasonable and feasible for both parties. The procedure can be flexible enough to allow it to be customized to meet the individual needs of families.
One of the best aspects of mediation is the fact that it leaves decision-making in the hands of the couple. Mediation can help both parties find solutions that are particular to their families instead of leaving the final decision to a judge. This results in more durable and realistic agreements.
What is a MIAM and Why Is It part of the process?
In England and Wales in England and Wales, before beginning the process of working with family mediators, or filing court cases for concerns involving finances or children, the majority of divorced couples are required to be present at MIAM (Mediumation Information and Assessment Meeting).
The first meeting is in a one-on-one meeting with a family mediator specialist. The mediator will explain how mediation works and will decide the appropriateness of mediation for you and your partner. Attending an MIAM is not a binding obligation for any person. It’s simply an opportunity to understand the options and assess whether mediation might be a better option than formal court processes.
Once they are fully aware of the process of mediation, lots of people are more eager to try it. Especially when they see the cost savings and flexibility it is in comparison to court processes.
How does 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. The form is required to be presented to the court when requesting an order for child arrangement. It affirms that mediation attempts were made but did not result in an agreement. The form must be signed (except in certain circumstances excluded) prior to submitting a court request regarding child custody arrangements will be accepted.
Families are able to come to an agreement that is amicable through family mediation, prior to having to ever submit a C100. Mediation is usually an effective way to avoid court, the cost and anxiety that goes with it.
A More Collaborative Path Forward
Mediation for families can be a way to solve the issues of separation. The MIAM process is backed by the C100 and is a well-thought-out usage. Mediation allows families to focus on the practical issues that are most important to the needs of everyone involved especially children.
Family mediation is typically more successful and leads to healthier transitions by keeping mediation out of the courtroom. Family mediation can be the most effective way of moving on with more peace, and less tension, and assisting families to not divide, but also shape the future with compassion.