MIAM

In the UK, attending a Mediation Information and Assessment Meeting (MIAM) is generally compulsory for those wishing to initiate court proceedings, including matters related to divorce, child custody, and financial settlements. The requirement is part of an effort to encourage out-of-court resolutions, which are often less stressful, less costly, and quicker than traditional court proceedings.

A Mediation Information and Assessment Meeting is typically required before you can take a family dispute to court in the UK. However, there are specific circumstances under which you might be exempt from attending a MIAM:

1. Domestic Violence: if there is evidence of domestic violence, such as a relevant police caution, criminal conviction, protective injunction, or relevant medical report documenting injuries, you may be exempt from attending a MIAM.

2. Child Protection Concerns: if the case involves issues like child protection or child abduction, where there are ongoing proceedings or an immediate risk to the child’s safety, MIAM attendance may be exempted.

3. Urgency: if a delay caused by attending a MIAM would cause significant harm, risk of harm, or unjustifiable hardship, you might be exempt. This could include cases where there is a risk of financial loss if immediate action is not taken.

4. Lack of Contact: if you have no contact information for the other party, or it is impossible to contact them, this may qualify as an exemption.

5. Previous MIAM Attendance or Mediation: if you, your ex-partner, or both have attended a MIAM or engaged in mediation regarding the same or a substantially similar matter within the last four months, you might not need to attend another MIAM.

6. Incapacity or Disability: if you or the other party has a disability or other condition that makes attending a MIAM impossible or unreasonably difficult, even with support, you may be exempt.

At the end of the meeting, the mediator will tell you whether your case is suitable for mediation. You can also decide whether you want to continue with mediation or explore other options to resolve your family issues.

In the UK, a Mediation Information and Assessment Meeting (MIAM) certificate remains valid for four months from the date of the meeting. This means that if you attend a MIAM and receive a certificate, you have four months from that date to use it if you decide to proceed with court proceedings related to family matters. After four months, the certificate expires, and you will need to attend another MIAM if you wish to pursue mediation before initiating court proceedings.

If your ex-partner refuses to participate in the MIAM or continuously fails to attend, you can still proceed with your own MIAM session. During this meeting, the mediator will help you understand your options and next steps, even if mediation is not going to be possible.

After attending a MIAM alone, if mediation is considered unsuitable or if the other party refuses to engage, the mediator can issue a form C100 (for child arrangements), the Form A (for Financial arrangements) or the FM1. These forms certify that you have attended a MIAM and that mediation was considered or attempted. These documents are necessary if you decide to take the matter to court.

Since 2014 it is a legal requirement to attend a MIAM Mediation Information and Assessment Meeting before making an application to the Court relating to a family dispute. This is to enable you to at least attempt mediation in the first instance. At your MIAM, your family mediator will provide you with information about mediation so that you can make an informed decision whether mediation is right for you. They will also assess your case for its suitability at mediation.

It is important that you are aware that mediation itself is not compulsory, it is only the MIAM. This is because the legal requirement is for you to at least consider family mediation before applying to the Court. Mediation is a voluntary process, meaning that you do not have to use it if you don’t want to. An application to Court however may result in a judge asking you why you did not use mediation, and they can actually direct you back to mediation to try and resolve your dispute at mediation.

You need to attend a MIAM if you are experiencing either of the following family disputes:

1. Child arrangements – if you are trying to resolve issues relating to your children, such as where they live or who spends time with them.
2. Financial arrangements – if you are trying to resolve issues relating to your finances or property through your divorce or separation.

A Fast Track MIAM (Mediation Information and Assessment Meeting) is an expedited version of the standard MIAM process, designed to accommodate urgent situations where immediacy is required. You can book your MIAM appointment on the same day, outside normal office hours or at specific times on a weekend. Your MIAM certificate can also be given to you immediately after your appointment.

• Court application: If you need to make an application to the courts quickly, or the courts have directed you to attend a MIAM for mediation and there is a tight deadline.
• High conflict situations: If there’s ongoing conflict or communication breakdown, seeking mediation promptly can help prevent escalation and facilitate constructive dialogue.
• Child arrangement issues: Getting the process started is essential in situations involving children, where decisions must be made quickly to ensure the welfare of the child.
• Time-sensitive issues: When there are pressing matters that need immediate attention, such as temporary child arrangements, financial support, or property matters.