Going to Court?
Going through a divorce, or separation, is one of the most stressful activities that you can possibly undertake. MIAMS can offer support.
Going through a divorce, or separation, is one of the most stressful activities that you can possibly undertake. MIAMS can offer support.
The rate at which couples are going to court and are filing for a divorce or separation continues to escalate. This is a process that is not only stressful, but also costly and time-consuming. While couples may have already decided on the path they want to take with their lives, one of the things they may consider to solve their disputes is by going to court. However, is this always the right decision?
The answer to this question may differ especially according to the issues presented on the table. Given that children and other people may be included when a couple decides on going to court, it is important to consider other alternatives such as mediation. By agreeing to go for a mediation information assessment meeting (MIAM) first, you will be in a better position to know if your disputes can be resolved outside the court.
As opposed to court proceedings which can turn out messy, MIAMS mediation is carried out professionally, confidentially and at a time that is at your convenience. This means that couples can set a time when they are both free to attend, as opposed to the court proceeding where there is a strict timeline to be followed.
Our Mediators are neutral and impartial people who have helped numerous couples solve their disputes. By deciding to go for mediation first before going to court, the mediator will be able to advise the couple on the way forward, and if their case can be solved through mediation or a court process.
Court processes are usually costly when compared to a mediation. This is because both parties have to have a separate attorney, while in mediation they only get to pay for the mediator.
Since mediation is voluntary, couples can choose when to end a mediation, while in a court case, this may not be possible until a decision is arrived at.
In a mediation setup, both parties make decisions on their own, with the mediator only there to guide them. This means that couples can make decisions they are willing to live by without feeling coerced.
After successfully completing the mediation and agreeing on how to solve their disputes, couples are required to sign a memorandum of understanding (MoU). The couple may then decide to make the MoU legal and binding by getting it reviewed by an attorney.
General information about Mediation, Please click the links below to find out more info:
Family’s are deeply affected by divorce or separation, especially when there are children in the family. Often these painful situations can be helped with the supportof a mediator who will hold a Mediation Information Assessment Meeting or MIAM. A MIAM can guide communication and set the tone for the goals of mediation.
When attending a court proceeding on the matter, the family will need to present an FM1 (Family Mediation 1 form) which confirms that a MIAM has been held.
As of April 2014, significant changes were made to the judicial system regarding separation and divorces, particularly where children were involved. These changes ensure that the welfare of the children is paramount, with minimal impact on the children and as little negativity as possible. One of the major changes was a requirement for a mediation session or MIAM to be attended before any court proceedings to do with financial or custody matters (hence the need for a FM1 to be produced).
If the split is acrimonious and both parties find it difficult to be in the same room, as would happen with face to face mediation, it is possible to ask for shuttle mediation.
Shuttle sessions happen when the two parties are seated in separate rooms either virtually or physically and the mediator shuttles between the two, discussing issues and offering solutions.
Shuttle mediation is often a good solution with distance between the parties allowing for rational and reasoned thinking.
MIAMS Mediators can also help with will disputes: resolving issues between and coming to an acceptable compromise to the conflict that arises as a result of separation.