Separation and divorce are rarely simple. It’s not uncommon for divorce proceedings to involve complicated discussions regarding children, finances and the next steps. It’s crucial to understand that going to court isn’t the only option nor is it always the best one. Families are increasingly choosing mediation for their family as a collaborative and less stressful means of settling crucial issues during separation.
A safe, non-judgmental place is set up for couples to discuss on issues of practical concern, under the guidance by an impartial mediator. The focus is not on in determining who is responsible or revisiting previous conflict. The purpose of the process is to make agreements that are fair for both parties and workable. These include financial arrangements, division of property and co-parenting. However, the flexible nature of the procedure allows it to be modified to the specific needs of every family.
One of the greatest advantages of mediation is the fact the fact that it leaves decision-making in the couples’ hands. Instead of delegating decisions to a judge mediator, mediation assists both parties to find solutions that fit their specific family situation. This usually leads to lasting, more realistic agreements.
What exactly is MIAM what is it, and why does it form part of the procedure?
Most divorced couples are legally required to attend a MIAM in England and Wales to attend a MIAM or Mediation Information and Assessment Meeting. This is necessary before they can begin mediation with their family members for issues related to finances or children.
The first meeting takes place one-on-1 with a family mediation specialist. The mediator will explain the procedure of mediation and help you decide if it’s appropriate for your couple. Attending an MIAM does not make you bind anyone. The MIAM is an opportunity to look at the options and decide whether formal court proceedings are more appropriate than mediation.
After having a thorough understanding of the process of mediation, lots of people are more inclined to explore it. Particularly when they realize how much cheaper and flexible the process is when compared with courts.
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. When submitting a request to the Family Court to obtain an order relating to child arrangements it is necessary to fill out this form. It confirms the fact that mediation was attempted but did not result in an agreement. The form must be completed (except for specific cases that are which are exempted) before a court application regarding child custody arrangements will be accepted.
Families are often able to reach an amicable resolution through family mediation, before they ever have to submit an C100. This is why that starting with mediation may be beneficial. Mediation can save the stress, time and expense of appearing in the court.
A More Collaborative Path Forward
Family mediation can help to overcome the challenges of separation. The MIAM process is supported by the C100 and is a well-thought-out usage. Mediation assists families in developing practical solutions that take into account the needs of all involved especially children.
In a lot of cases the positive results 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 focus is on respectable dialogue and mutual understanding. For many, it becomes the key to moving forward with more clarity and less conflict. It helps families not to be separated but also reshape their future with sensitivity.