Separation and divorce are rarely simple. It is not uncommon for the process to include difficult discussions about children, finances and the future. It is important to realize that court proceedings may not be the most effective option or the only option. Mediation in the family is more relaxed, less stressful, and a productive method for families to resolve key issues after a divorce.
Family mediation creates a safe, neutral space where separating couples can work through practical matters together, guided by an impartial mediator. It isn’t about assigning blame or revisiting past conflicts. The focus is on the future and creating agreements that work for both parties. The procedure is flexible enough to allow it to be adapted to each family’s needs.
One of the best aspects of mediation is that the decision-making remains with the couple. Mediation assists both parties to come up with solutions that are unique to their families, instead of leaving the final decision up for a judge. It can lead to more lasting, more realistic agreements.
What is MIAM, and why does it form part of the procedure?
In England and Wales in the UK, prior to proceeding with family mediators or filing court proceedings for matters involving finances or children, most divorced couple are required to be present at MIAM (Mediumation Information and Assessment Meeting).
The first session is by one-onone with a mediator from the family. In the meeting the mediator will explain the procedure of mediation and determines if it is appropriate for the couple. Importantly, participating in an MIAM isn’t a requirement to proceed with mediation. It’s a chance for you to explore your alternatives and determine whether mediation is a better option instead of formal court proceedings.
The majority of people will try mediation once they have a better understanding of the process. This is especially so when they understand how adaptable and affordable this alternative to court proceedings can be.
How the C100 Form connects to Family Mediation
If mediation is not suitable or if one or both parties decide not to continue the mediator must fill out the C100 form. If submitting an application to the Family Court for an order regarding child arrangements, this form is needed. It basically confirms that mediation was thought of but it was not appropriate or did not lead to agreement. Without this signed form (except in certain exempt cases) An request to the court concerning child custody will usually not be accepted.
In many instances, families are able to come to an agreement during mediation without ever having to file the C100 form. It is for this reason that starting with mediation may be beneficial. Mediation can save the anxiety, time and expense of appearing in the court.
A More Collaborative Path Forward
The challenges of separation can be overwhelming. However, family mediation, supported by the MIAM process and informed use of the C100 form, can provide a path that is more empowering and collaborative. Mediation allows families to focus on practical solutions which prioritize everyone’s needs, especially the children.
In many instances positive outcomes and transformations that occur from mediation in the family are much more beneficial since the process is kept away from courtrooms and the emphasis is on respectful communication and understanding. For many families, mediation can be the most effective way of moving through the process with more clarity, less conflict, and assisting families to not separate, but reshape the future with compassion.