Separation and divorce is never simple. The process often comes with difficult conversations about children financial issues, finances, and the best way to move forward. You should know that court isn’t always the best option. Mediation with family members is a less stressful, more co-operative method for families to resolve key issues after a divorce.
A neutral, safe space is provided for couples to work together on practical issues, under the direction by an impartial mediator. This isn’t about blaming or reliving previous disputes. The focus of the process is to make agreements that are fair for both parties and workable. The process is flexible enough to allow it to be tailored to the needs of each family.
One of the most beneficial features of mediation is that it keeps decision-making in the couples’ hands. Instead of leaving decisions up to a judge, mediation supports both parties to come up with solutions that are based on their family’s particular situation. This leads to more lasting and reasonable agreements.
What is an MIAM and Why Is It part of the process?
In England and Wales, before proceeding with mediators for family disputes or filing court cases for concerns involving financial matters or children, most divorcing couple are required to be present at MIAM (Mediumation Information and Assessment Meeting).
The first meeting is one-on-one with a mediator from the family. In this session, the mediator explains how mediation operates and explores whether it is appropriate for the couple’s circumstances. Attending an MIAM does not make you bind any person. It is a chance to look at the options and decide if formal court proceedings are more appropriate than mediation.
A majority of people are willing to attempt mediation after they have a better understanding of the process. This is especially so when they understand how adaptable and economical this alternative to court proceedings can be.
What is the relationship between Family Mediation and the C100 Form are interconnected
If mediation is not the best option, or if either party or both decides to not proceed, then the mediator may sign a C100. If submitting an application to the Family Court to obtain an order relating to arrangements for children the form is required. The form is used to confirm the mediation effort was made, but it either was unsuccessful or did not bring about an agreement. Without this form (except in some exempt cases) An application to the court for arrangements for children is typically not accepted.
Many families can reach an agreement through mediation without ever submitting an C100. Mediation can be a great method to avoid court and the cost and anxiety that goes with it.
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 practical solutions which prioritize everybody’s needs, and especially the children.
In keeping the process out of the courtroom, and putting the emphasis on communicating with respect and understanding between families, family mediation often leads to better results and better transitions. For many, it’s the only way to move forward with greater clarity and less tension, helping families not simply separate, but reshape their future with care.