Separation and divorce are never easy. The process often comes with complicated discussions regarding children financial issues, finances, and the best way to proceed. Be aware that court is not the sole or best option. A growing number of families are finding that family mediation offers an effective, collaborative and less stressful way to resolve key issues during a separation.

Family mediation creates a safe neutral and unbiased space in which separated couples can work through practical issues together, guided by an impartial mediator. The emphasis isn’t on the issue of blaming or revisiting old disputes. Instead, the emphasis is firmly on the future on making agreements that are reasonable and feasible for both parties. Some of the topics are financial arrangements as well as division of property, and co-parenting. However the flexibility of the procedure allows it to be tailored to meet the unique requirements of each family.

One of the best aspects of mediation is the fact that it leaves decision-making in the decision-making of the couple. Mediation can help both parties identify solutions that are unique to their families, instead of putting the outcome to a judge. This helps to create more lasting and realistic agreements.

What is a MIAM and Why Is It an Important Part of the Process?

Before proceeding with family mediation or submitting an application to court for matters related to children or finances the majority of divorced couples are required to attend a MIAM. England and Wales are required to participate in what’s referred to as MIAM. MIAM short for Mediation Information and Assessment Meeting.

This initial meeting is conducted one-on-one with a trained family mediator. During the session the mediator from the family explains the process of mediation and determines 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 a chance for participants to gain knowledge about their options and assess if mediation would be more beneficial over formal court proceedings.

Many people find that after they’ve mastered how mediation works they are more open to giving it a attempt, particularly after learning how much more flexible and cost-effective it can be compared to the courts.

The C100 form and Family Mediation

The mediator is able to be able to sign the C100 form in instances when mediation isn’t appropriate, or when one or both parties decides to move forward. If you are requesting the Family Court to obtain an order related to arrangements for children, this form is needed. The form is used to confirm that mediation attempts were conducted, but was unsuccessful or did not produce an agreement. This form has to be signed (except in certain circumstances excluded) prior to the court’s application regarding child arrangements will be accepted.

Many families can reach an agreement via family mediation without submitting the C100. This is the reason why beginning with mediation can be so beneficial it can help avoid the time, expense and stress of navigating 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 can help families focus on developing practical solutions that take into account the needs of all involved especially children.

In many instances positive outcomes and the positive changes that come from mediation in the family are much more beneficial since the process is kept outside of courtrooms, and the primary focus is on respectful communications and understanding. In many cases, it is the best way to move forward with greater clarity and less conflict, assisting families to not only separate and reshape their lives by taking care.