Separation and divorce aren’t simple. It’s not simple to undergo the divorce process. There are often difficult conversations regarding finances, children and the way you’d like to move forward. It’s crucial to understand that going to court isn’t the only option, nor is it necessarily the most efficient one. Mediation in the family is an easier, less stressful and cooperative option for families to settle the most important issues that arise after divorce.
The purpose of family mediation is to create a neutral and safe environment where couples who are separating are able to discuss issues of practical concern with the help of an impartial mediator. This isn’t about blame-shifting or reliving past conflict. The goal is to create agreements that are fair to both parties and feasible. These include financial arrangements, division of property and co-parenting. But the flexibility of the process enables it to be tailored to meet the unique requirements of each family.
Mediation is a valuable tool since it allows couples to make their own decisions. Instead of entrusting decisions to a judge mediator, mediation assists both parties to come up with solutions that are appropriate for their particular family circumstances. This helps to create more lasting and reasonable agreements.
What is MIAM and why does it form part of the procedure?
Before moving forward with family mediation or applying for a court hearing on matters pertaining to finances or children the majority of divorced couples are required to attend a MIAM. England and Wales are required to take part in a MIAM which stands for Mediation Information and Assessment Meeting.
The first session is by one-onone with a mediator from the family. The mediator will explain the procedure of mediation and help you decide whether it is appropriate for you and your partner. It is important to note that participating in an MIAM does not make anyone obligated to mediation. It is a chance to explore the options available and decide if formal court proceedings are better than mediation.
Once they’ve fully grasped the process of mediation, lots of people are more willing to try it. Particularly when they can see how affordable and flexible it is in comparison to the court system.
What is the C100 Form is connected 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. This form has to be submitted to the court in order to request an order to arrange for children. It affirms that mediation was attempted, but failed to produce an agreement. The court won’t accept a child custody application without this form signed and signed, unless there are exemption cases.
Many families are able to reach an agreement during family mediation without ever having to file an C100. Mediation is usually an effective method to avoid court and the expense and anxiety that it brings.
A More Collaborative Path Forward
Mediation for families can be a way to overcome the challenges of separation. The MIAM process is supported by the C100 and an informed usage. Mediation can help families focus on the practical issues that are most important to the needs of everyone involved, particularly children.
In many instances, the positive results and changes that are the result of mediation with families are more positive because the process is kept off the courtrooms and emphasis is on respectful communications and understanding. For many, family mediation is the best way to move ahead with more peace, and less tension, and assisting families to not be separated, but to shape their future with care.