Mediation information and assessment meetings (MIAMs)
If you want to take your case to court it is a legal requirement (in most cases) to attend a mediation information and assessment meeting (a MIAM). This is a first meeting with a specially qualified family mediator who will provide you with information about all the different ways you might resolve things without going to court, including mediation, and discuss the advantages and disadvantages with you.
What is a MIAM and who will attend?
A MIAM is an individual, confidential meeting. It provides you with time with a mediator to discuss how you see things, what’s important for you in sorting things out, whether mediation might help you and if not, what else might be available. The mediator can also provide you with information about other advice and support available to you. Mediators are required to see you individually so that they can also check whether you have any concerns or worries about harm or abuse or anything else that might make mediation unsuitable for you.
Who can conduct a MIAM?
The mediator must be accredited by the Family Mediation Council (FMC) and you can search online for a Resolution mediator here.
Where does a MIAM take place?
Your MIAM will be held in the mediator’s office or an agreed venue. Meetings can also be conducted remotely via Zoom or other similar means if that is the best way to hold the meeting. Talk to any mediator you contact about the ways you can attend the meeting.
When do I have to attend a MIAM?
You must attend a MIAM before issuing an application to the family court unless one of the exemptions applies to your case. There are only a few specific exemptions and these mostly apply to where:
- There has been domestic abuse
- There are child protection concerns
- There is urgency
- You have previously attended a MIAM (in the last 4 months) or where it is the case that you and your former partner can show that you have attempted to resolve matters via a form of Non-Court Dispute Resolution in the last 4 months.
A full list of the exemptions and the evidence required to claim them can be found here
What happens at a MIAM?
At the meeting your mediator will:
- Listen to you
- Provide you with information about mediation and other ways of resolving things without going to Court
- Assess the suitability of mediation to resolve things.
- Talk with you to assess whether there has been or there is a risk of domestic abuse or harm to a child.
- Tell you about any relevant support, for example online services and other professionals who can help with your finances, support for you and separated parenting information
- Answer any questions you may have about resolving things
What happens after a MIAM?
If you and your former partner agree to try mediation you can make an appointment for your first mediation session after the MIAM.
If you decide not to proceed with mediation or it is not suitable, the mediator will sign the relevant court form to show you have thought about going to mediation. This will enable you to issue your application at court.
How much does a MIAM cost?
The mediator sets the cost of the MIAM so you should ask the mediator about their charges before you arrange your meeting.
If you are eligible for legal aid, the MIAM will be free. Always check with the mediator you speak to whether they can offer legal aid (if you are eligible). Your mediator can also provide you with information about the Family Mediation Voucher Scheme which, if you are parents and have agreed to mediate, is worth £500 towards the cost of your mediation.