Introduction

When you have family disputes, like problems about children or money, the legal process in England and Wales usually starts with a Mediation Information and Assessment Meeting (MIAM). At this initial meeting, you get mediation information, learn about dispute resolution, and hear about your choices other than going to court.

A MIAM gives you advice around the issues you are facing so you know what to do before thinking about court proceedings. By going to a MIAM, you can understand in more detail the process of mediation and what steps you can take next.

Understanding MIAM: The Basics

Mediation Information and Assessment Meetings (MIAMs) are there to help people get to know the process of mediation. At the MIAM session, you talk about your situation with a trained mediator. This person explains ways to solve problems without going to court. You can use the meeting to talk about many things, such as child arrangements or money troubles. A mediator, who is approved by the Family Mediation Council, helps you with the process of mediation. The mediator will help you understand your choices and find what could work for your family. The aim is to help you choose the best dispute resolution method for your needs.

What Is The Point Of A MIAM?

A MIAM is an initial private meeting with you and a mediator. This meeting is part of the mediation information assessment meeting process. The mediator will explain how mediation works in the meeting. The mediator will also see if mediation is a good fit to help you to solve your disputes with your ex.

Most people must have this meeting before going to family court. In a MIAM, you explore ways to solve problems instead of going to legal proceedings. The mediation information shared here helps you know your choices.

During a MIAM, you talk about what you want to solve. This could be things like money, child arrangements, or family problems. The mediator shares the potential options around mediation. You will also learn what happens during it and how much it may cost plus learn about any funding you might qualify for.. A MIAM usually takes about 45 minutes to an hour. This gives you time to ask your questions and think about your next steps.

The process is simple and there to help you. It helps you see mediation instead of a court dispute , might work for you in your situation.

Do I Need A MIAM Before Court?

In England and Wales, you must in most cases attend a MIAM before you start court proceedings for most family disputes. This is a legal requirement that the court system puts in place. The court wherever possible wants people to try mediation first before they ask a court to make a decision for them. Mediation is not an adversarial approach, it does not create rows or fights.

In most cases both parties must attend a MIAM before they begin family court. There are some cases that do not have to follow this rule.

Who Needs to Attend a MIAM?

If you are in family disputes, like problems with child arrangements or splitting assets, you often need to go to a MIAM before you can ask for a court order. It is a legal requirement for both the person who starts the court application and the other person who is involved. This helps everyone know about mediation information and how dispute resolution works before heading to court. Sometimes, there are rules that let people skip this step, for example in cases of domestic abuse or if something needs to be fixed right away. These specific circumstances are explained below.

Is A MIAM A Legal Step in Family Court?

If you want to file a court application about family disputes, you usually need to go to a MIAM first. The law says both sides, the one who applies and the one who responds, should attend a MIAM unless there’s an exemption.

The Family Mediation Council sets rules for all people who work in family mediation. It be there to make sure the option is fair for everyone. Going to this initial meeting does not mean you have to start the mediation process. But it is important, because you need it to meet the courts requirements.

Am I Exempt From A MIAM?

There are some reasons why you do not have to go to a MIAM. The main ones happen when a problem needs a court quickly or when it is not safe or right for people to use mediation. If you have a case with domestic abuse, child protection concerns, or feel there is an immediate risk of harm, you may not need to attend.

Common exemptions include:

• The relationship may show signs of domestic violence or abuse.
• There can be active child protection concerns or the social services might be involved.
• Some cases might need urgent help, for example, if a child or money is at risk.
• A person may have been to a MIAM for the same issue in the past four months.
• There can be other special things, and the family court will decide what these are.

What Happens During a MIAM ?

In a MIAM the focus is on understanding your needs and giving you advice, not on working out the problem right away. At your initial meeting, the mediator listens to you and talks about what issues are happening. You get information about your options and will learn about the benefits of mediation and how they might be able to help in your situation. The mediator shares whether they believe mediation will be a good fit for your particular issues.

The structure generally includes three key stages:

• Mediation helps two sides talk things out to find answers. A person who is not part of the dispute helps everyone say what they feel and want.
• The team listens to what your dispute is about. They look at your personal needs in the situation. This helps them give you the best support they can.
• You get to talk about the next steps to move forward. This includes other ways of dispute resolution that might suit your needs.

Is A MIAM Confidential?

In a MIAM session, what you talk about stays private. This means what you say is not shared, unless the mediator must report something for legal reasons. This might happen if there is a risk to children or adults who may need help. The goal is to make sure you feel safe. You can talk freely and not worry that your words will go to other people or groups outside the session.

What Do I Need To Bring to a MIAM?

Attending a MIAM can be more helpful when you come ready. You should bring all documents needed for your dispute, like court forms, money details, or deals you have made. Look at anything your mediator sends before the meeting. Write down any main questions or worries you want to talk about. Set reminders for your appointment, and make sure you have privacy if you join online. Doing these things can help you use your session well to talk about dispute resolution and the mediation resolution processes.

• Any court forms or applications you have filled out or received.
• Papers that show your child arrangements or financial agreements.
• Proof of your income, what you own, what you owe, or your latest bank statements if money is in dispute.
• Details of other mediation sessions you have been to or legal advice you looked for.
• A notepad to make notes while you are at the session.

What Do I Ask A Mediator At The MIAM?

Using your MIAM to get clear answers means coming with questions and things you want to talk about. You can bring up issues like:

• What family mediation process fits my situation and what steps will it likely have?
• Are there other dispute resolution options to use if mediation does not work for me?
• How do you make sure the views of children, especially if they are older than 10, get heard during family mediation?
• What are the costs for family mediation, and can I get legal aid or use the family mediation voucher scheme?
• What if one person does not want to do the mediation process?

Think about what things you want to know in your assessment meeting. These can be around child arrangements, how to divide your things, paying support to your former partner, or how you and your ex will parent the kids after you split up. If you get these topics ready before you go, you will leave your meeting knowing what to do next.

Conclusion

A MIAM is the first important step for people who want to solve their issues in UK family courts. Knowing about what it is for, how it works, and what you should do to get ready can help make the process feel less scary. When you go to a MIAM, you are meeting a legal step and getting a closer look at your choices for what comes next. Try to prepare well and think about what questions to ask in your session. This can help make the process better for you. If you have more to ask or need help speak to our team on 0330 101

Frequently Asked Questions

Will my ex-partner be present in the same MIAM session?

No, mediation information assessment meetings, or MIAM sessions, take place with just you and the mediator. Your former partner does not join this meeting. Talking with the mediator one-to-one helps you share your thoughts in private. You can discuss your situation freely this way before thinking about any joint mediation meeting with your former partner.

How much does a MIAM cost and is legal aid available?

A usual MIAM session costs from £120 for each person.. If you meet the right rules, legal aid can help pay for your MIAM session. It can also sometimes cover the session for your ex-partner. IF you are on a low income or receipt of Universal Credit you may qualify for Legal Aid to help support the cost of your MIAM and the mediation sessions. Speak to our team here to learn more.

What happens after a MIAM and what are the possible outcomes?

After your MIAM session, if mediation sessions can help and both sides say yes, the mediator will set up the meetings. If it’s not okay or if agreement isn’t possible, you get a MIAM certificate. This certificate lets you start court proceedings and shows that you thought about the benefits of mediation.