07 Aug Information about MIAMs
What is a MIAM?
A MIAM (Mediation Information and Assessment Meeting) is an important step in the mediation and family law process. It is designed to help you to understand your options and consider mediation as a way to resolve your issues without going to court.
Do I have to attend a MIAM?
In most cases, if you want to take your case to court, you will have to attend a MIAM appointment before being able to make an application to court.
This requirement is part of the process to ensure that court action is taken only when absolutely necessary, and where alternative dispute resolution methods, like mediation, have been considered first. This is because court action should only be taken when absolutely necessary and where the protection of the law is needed, or as a last resort, when alternative ways of resolving your dispute, like mediation, are unsuitable or have not worked.
There are only a few specific circumstances where you do not need to attend a MIAM, primarily involving domestic abuse. Other exemptions may include urgency, child protection concerns or other recent mediation attempts.
If your ex has already made a court application related to children or finances following the application for divorce or dissolution of a civil partnership, the judge will usually expect you to have attended a MIAM as well (unless the same exemptions, as above, apply).
What happens if you do not attend a MIAM?
Without Exemption: If you do not attend a MIAM and do not qualify for an exemption, your application to court may be delayed or rejected.
Judicial Expectations: Judges now expect you to not only have considered mediation before making an application to court, but since April 2024, also expect you to have made an attempt at mediation or another alternative dispute resolution before proceeding with litigation (unless you qualify for an exemption, as above).
Failure to do so can affect the court’s view of your willingness to resolve the matter amicably. In financial remedies cases, failing to engage in non-court dispute resolution without good reason could also lead to an order as to costs against you.
Here’s what you need to know about MIAMs:
Purpose: The main goal of a MIAM is to provide you with information about mediation, assess whether mediation is suitable for the parties involved, and to help you to explore alternative resolution methods to going to court.
Meeting with a Mediator: You will meet on your own, without the other party present, with a qualified and accredited mediator. The mediator will explain their role and the mediation process. If you are both willing to try mediation and the mediator assesses that mediation is suitable for both of you, you will attend subsequent sessions at the same time.
Confidential: Your MIAM appointment is confidential from the other party, and will remain confidential even if you enter mediation with one another. This gives you the opportunity to explore the options in a safe space with the mediator.
Assessment of Suitability: The mediator will assess whether your case is suitable for mediation. They will discuss the nature of the dispute and whether there are any safety concerns, such as domestic violence, which might affect your ability to mediate.
Providing Information: The mediator will provide you with information about the mediation process, including how it works, what it can and cannot achieve, and the benefits of mediation compared to court proceedings. The mediator will also provide you with information about relevant sources of advice and support, as appropriate.
Exploring Alternatives: The mediator will discuss other options you may have for resolving your dispute, including other alternative dispute resolution options and taking the matter to court.
Financial Disclosure: If financial issues are involved, the mediator may discuss the importance of financial disclosure and how this works in mediation.
Next Steps: If you and the other party are willing and it is assessed as appropriate for your situation, the mediator will outline the next steps for entering into mediation sessions.
MIAM Certificate: If you attend a MIAM and decide not to proceed with mediation or if mediation is not suitable for your situation, you may request a mediator’s certificate/ relevant signed court form, for example C100 or Form A, which confirms your attendance at the MIAM, and is required if you decide to apply to court.
In summary, a MIAM is an opportunity for you to consider mediation as a way of resolving your dispute in a less adversarial and more collaborative environment.
The purpose of the MIAM is not to resolve the issues but to inform you about mediation and it’s alternatives, and to determine if mediation is the right path for you to resolve your issues and to help you to decide the best way forward for you.
Ready to book your MIAM with our accredited professional mediators? Contact our professional team.