Introduction
The Mediation Information and Assessment Meeting (MIAM) is the first step in the mediation process. It’s a meeting where you can explore whether mediation might work for your situation. A trained mediator will explain the process, listen to your concerns, and discuss whether mediation is suitable for you. They will also provide information about other alternatives to court, such as collaborative law or solicitor negotiations.
Typically, MIAMs are held separately for you and your ex-partner, but joint MIAMs are possible if both parties agree.
When is a MIAM Required by Law?
Before starting most family law cases in court, the law requires you to consider mediation by attending a MIAM. You’ll need to show proof of attendance unless you qualify for exemptions, such as in cases involving domestic abuse.
After the MIAM, it’s up to you whether to proceed with mediation or take your case to court.
Confidentiality in a MIAM
Anything you say during a MIAM is confidential, with one exception:
- If the mediator believes someone is at risk, they may need to report this to Social Care or the Police.
Otherwise, your ex-partner will not be informed about what you discussed during your MIAM.
Who Pays for a MIAM?
The cost of a MIAM depends on your financial circumstances:
- Legal Aid: If you qualify, the MIAM and subsequent mediation sessions will be free. Legal Aid may also cover associated legal advice.
- Partial Coverage: If one party qualifies for Legal Aid, the initial MIAM and first mediation session are free for both.
- Private Costs: Those not eligible for Legal Aid must cover the costs themselves. Fees vary by service, so contact mediators directly to inquire about rates.
Check Eligibility: Use the Legal Aid Checker or call Civil Legal Advice on 0345 345 4345 for guidance.
What Happens After the MIAM?
- Proceeding with Mediation: If both parties agree to mediate, the service will arrange a joint session to begin resolving disputes.
- Stopping Mediation: If one party declines mediation or it’s deemed unsuitable, the mediator will provide a signed court form confirming you’ve met the MIAM requirement.
Why Choose Mediation?
Mediation offers several advantages over court proceedings:
- Faster & Cheaper: Resolving disputes through mediation typically costs less and takes less time than going to court.
- Lower Stress: Mediation encourages cooperation and reduces conflict.
- Greater Control: Decisions are made by you and your ex-partner, not imposed by a judge.
- Child-Focused: Mediation helps parents work together, reducing emotional strain on children.
Resources for Further Information
For more details about mediation and MIAMs, visit:
- Family Mediation Council
- GOV.UK - Mediation Information
- Staffordshire Mediation Service or call 01827 314020
Mediation can be a powerful tool for resolving family disputes amicably, efficiently, and with less emotional toll. Don’t hesitate to explore it as a viable option for your case.
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