Separation and divorce is never straightforward. It’s not an easy task to undergo the divorce process. There are many difficult discussions about finances, children and how you’d like to move forward. It’s crucial to recognize that going to court may not be the best choice or even the only choice. More families today are finding that family mediation offers the most collaborative, less stressful approach to resolving the most pressing issues in a divorce.
A safe and neutral area is created for couples to work together on issues of practical concern, under the supervision by an impartial mediator. It is not about blaming or reliving past disputes. Instead, the focus should be focused on the future in coming up with agreements that are fair and workable for both sides. Topics typically include co-parenting plans along with financial arrangements, as well as division of property. However, the flexibility of the process allows it to adapt to the requirements of every family.
Mediation is a powerful tool as it allows couples to make decisions. Mediation assists both parties to find solutions that are particular to their families rather than leaving the outcome up for a judge. This can lead to more long-lasting and practical agreements.
What exactly is MIAM What is MIAM and why does it play a part of the process?
Before proceeding with family mediation or applying to court for matters related to children or finances, the majority of divorced couples in England and Wales must take part in MIAM. MIAM short for Mediation Information and Assessment Meeting.
The initial meeting is by a trained mediator for families. In the course of the meeting the mediator will explain the procedure of mediation and examines if it is suitable for the couple. Attending the MIAM MIAM is not a binding obligation for anyone. The MIAM is an opportunity to look at the options and determine if formal court proceedings are better than mediation.
The majority of people will 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
If mediation is not an appropriate option or if either party or both decides to not go through with the process, then the mediator could sign a C100. If submitting an application to the Family Court for an order concerning child arrangements, this form is needed. It basically confirms that mediation was considered but it wasn’t the right choice or didn’t produce an agreement. A judge will not approve an application for custody of a child without this form signed or dated, unless in specific exemption situations.
In many instances families are able to reach an agreement through family mediation prior to having to submit a C100 form. This is the reason why beginning with mediation is so beneficial because it often helps avoid the cost, time and stress of navigating through the court system entirely.
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 practical solutions that take into account each person’s needs, with a particular focus on the children.
In many cases the positive outcomes and changes that are the result of mediation with families are more positive due to the fact that it is conducted off the courtrooms and primary focus is on respectful communication and understanding. It is often the best way to move forward with more clarity and less tension. This helps families to not only separate but also alter their lives in a way that is thoughtful.