How Family Mediation Creates Space For Constructive, Forward-Focused Discussions

Divorce and separation are never simple. It’s not simple to navigate through divorce. There are many difficult discussions about finances, children and how you’d like to move forward. It is important to know that court is not the sole or best choice. Family members are increasingly choosing mediation for their family for a less stressful approach to resolving key issues in a separation.

Family mediation’s goal is to provide a neutral and safe space where couples who have separated can discuss their concerns under the guidance an impartial mediator. The focus is not on determining who’s to blame or revisiting conflicts from the past. Instead, the emphasis is entirely on the future and making agreements that are enforceable and fair for both parties. These typically cover co-parenting plans along with financial arrangements, as well as division of property. However, the flexibility of the process allows it to change to meet the specific requirements of each family.

One of the great benefits of mediation, is that the decision-making remains entirely in the hands of the couple. Mediation can help both parties identify solutions that are particular to their families instead of putting the outcome up for the judgment of a judge. This leads to more lasting and real-time agreements.

What is MIAM and why is it a factor in this process?

The majority of divorced couples are required to attend a MIAM in England and Wales to attend a MIAM or Mediation Information and Assessment Meeting. This is required before they can commence family mediation in relation to children or finances.

The initial meeting is in a one-on-one setting with a qualified mediator in the family. In this session the mediator will explain how the mediation process works and determines if the process is appropriate for the couple’s circumstances. It’s important to know that participating in a MIAM isn’t an obligation to engage in mediation. It’s just a chance to consider the possibilities and consider whether mediation could provide a better solution than formal court procedures.

Many people find that once they have a good understanding of how mediation works they’re open to giving it a trial, especially after they realize how much more adaptable and affordable it can be in comparison to the court process.

What is the relationship between Family Mediation as well as the C100 Form are interconnected

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 you are requesting the Family Court for an order related to arrangements for children, this form is needed. It demonstrates that mediation was attempted but failed to produce an agreement. A judge will not approve a child custody application without this document with the exception of certain exemption situations.

In many instances, families are able to reach an agreement through family mediation before ever needing to fill out an C100 form. It’s for this reason that initiating mediation could be beneficial. It could help you avoid the stress, time and expense of appearing in court.

A More Collaborative Path Forward

Mediation for families can be a way to overcome the problems of separation. The MIAM process is backed by the C100 and a well-informed use. Mediation can help families focus on finding practical solutions that prioritize the needs of everyone involved, especially children.

In many instances, the positive results and transformations that occur from mediation with families are more positive due to the fact that it is conducted outside of courtrooms, and the focus is on respectable communications and understanding. For many, family mediation can be the most effective way of moving ahead with more clarity, less conflict and assisting families to not just be separated, but to shape their future with care.

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