Divorce and separation are not always simple. It is not uncommon to have complicated discussions regarding finances, children and how to move forward. It’s important to understand that court proceedings may not be the best choice or the only one. Family mediation can be more relaxed, less stressful, and a productive approach for families to work out important issues following divorce.

Family mediation creates a safe, neutral space where separating couples can work through practical matters together, guided by an impartial mediator. The focus is not on in determining who is responsible or revisiting previous disputes. The main focus is on the future and making agreements that are beneficial for both parties. Some of the topics are financial arrangements including division of property, as well as co-parenting. But, the flexible nature of the process enables it to be customized to meet the individual requirements of each family.

One of the most valuable features of mediation is that it keeps decision-making in the control of the couple. Instead of leaving the final decision up to the judge, mediation assists both parties to come up with solutions that are based on their family’s particular situation. This could lead to agreements which are more practical and last for a long time.

What is a MIAM and why is it Part of the Process?

Most separating couples are legally required to attend a MIAM in England and Wales to attend the MIAM or Mediation Information and Assessment Meeting. This is necessary before they can proceed with family mediation to resolve issues relating to children or finances.

The initial meeting takes place in a one-on-one setting with a qualified mediator for families. In the meeting the mediator will explain the process of mediation, and then determines if it is appropriate for the couple. The most important thing is that participating in an MIAM doesn’t require anyone to proceed with mediation. It’s just a chance to consider the possibilities and evaluate whether mediation may offer a better alternative to formal court processes.

After they have fully understood the mechanism of mediation, a lot of people are now more likely to try it. Especially when they see how easy and cost-effective it is compared to the court system.

How the C100 Form connects to Family Mediation

If mediation is not appropriate and if either or both parties do not wish to go through with the process, the mediator can sign the C100 form. This form must be submitted when submitting an application to the family court for an order for child arrangements. It essentially confirms that mediation was considered, but it was not appropriate or did not result in agreement. Without this form (except in exempt cases) or an application to the court for child custody arrangements is usually not accepted.

Families are able to come to an amicable agreement by using family mediation, before they ever have to submit the C100. It is for this reason that beginning mediation can be beneficial. Mediation can save the anxiety, time and expense of going to court.

A More Collaborative Path Forward

Mediation with family members can help overcome the challenges of separation. The MIAM process is supported by the C100 and a well-informed use. Mediation allows families to focus on practical solutions that take into account everybody’s needs, and especially the children.

In most cases the positive outcomes and transitions that result from mediation with families are more positive as the process is kept off the courtrooms and emphasis is on respectful dialogue and mutual understanding. For many, family mediation is the only way to move forward with greater peace, and less tension and helping families not only separate, but reshape the future with compassion.