Divorce or separation is not an easy process. The process often comes with challenging discussions about children and finances, as well as the best way to proceed. It’s important to understand that going to court might not be the most effective option or even the only choice. Family mediation can be an easier, less stressful, and more co-operative approach for families to work out key issues after a divorce.
The goal of family mediation is to create an open and safe space where couples who have separated can discuss practical issues together with the help of an impartial mediator. This isn’t about blame-shifting or reliving previous conflict. The goal is to focus on the future and making agreements that benefit both parties. Topics include financial arrangements as well as division of property, and co-parenting. However, the flexible nature of the procedure allows it to be tailored to meet the requirements of every family.
One of the best aspects of mediation is that decision-making remains entirely in the hands of the couple. Instead of leaving decisions to a judge mediator, mediation assists both parties to find solutions that fit their specific family situation. This can lead to more long-lasting and real-time agreements.
What exactly is MIAM and why does it play a part of the process?
In England and Wales in the UK, prior to proceeding with mediators for family disputes or filing court cases on issues relating to children or finances most separating couples must be present at MIAM (Mediumation Information and Assessment Meeting).
The first meeting is by one-onone with a mediator from the family. The mediator will discuss how mediation works and will decide if it’s appropriate for your family. Crucially, attending a MIAM does not obligate anyone to pursue mediation. It’s simply an opportunity to explore the options and evaluate whether mediation may be a better option than formal court proceedings.
Many people are ready to consider mediation once they know the procedure. This is especially true when they realize how flexible and affordable this alternative to court proceedings could be.
The C100 form and 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. If submitting an application to the Family Court for an order related to arrangements for children, this form is needed. It is basically a confirmation that mediation was discussed but it wasn’t suitable or didn’t produce an agreement. This form has to be signed (except for specific cases that are exempted) before a court application for child arrangements is accepted.
Many families can reach an agreement through family mediation without ever having to file the C100. Mediation is usually an effective way to avoid court, the costs and the anxiety that goes with it.
A More Collaborative Path Forward
The difficulties of separation may feel overwhelming, but mediation with family members, aided through the MIAM process and informed use of the C100 form, provides an alternative that is more empowering and collaborative. Mediators help families find solutions that are centered around the interests of everyone involved, including children.
Family mediation is often more effective and results in healthier transitions by keeping the process from the courtroom. It’s usually the best way to move forward with greater clarity and less conflict. It helps families not just separate, but reshape their lives with care.
