MIAMs & Mediation: What You Need to Know
Family law disputes in England and Wales, such as disagreements over child arrangements or financial matters can often be stressful and costly. Mediation provides an effective alternative to court by fostering collaboration, reducing conflict, and saving time and money.
A Mediation Information and Assessment Meeting (MIAM) is the mandatory first step before making a court application, unless you qualify for an exemption. During a MIAM, a trained mediator assesses whether mediation is suitable for your case and explains the process in detail.
FPR Changes and Non-Court Dispute Resolution (NCDR)
Recent updates to the Family Procedure Rules (FPR) place a stronger emphasis on Non-Court Dispute Resolution (NCDR) methods like mediation. These changes encourage families to resolve disputes outside the courtroom wherever possible, reducing stress and the financial burden of legal proceedings. Courts are increasingly directing parties to attempt mediation or other NCDR options before proceeding with litigation, reflecting a shift towards promoting collaborative solutions that prioritise the needs of children and families. Mediation remains a cornerstone of this approach, offering a structured and supportive environment for resolving disputes amicably.
Do You Need Mediation or a MIAM?
Since 2014, attending a MIAM has been a legal requirement for most family law disputes before making a court application. This includes:
- Child Arrangements: Disputes about where children live, who they spend time with, and when.
- Financial Arrangements: Disputes over property division, spousal maintenance, or other financial matters following separation.
You are required to attempt mediation unless you qualify for an exemption. If mediation is deemed unsuitable or does not resolve the dispute, the mediator will issue a MIAM Certificate, which is necessary to proceed with a court application.
Mediation Exemptions
Not everyone is required to attend a MIAM. Common exemptions include:
- Domestic Abuse: Evidence of abuse, such as a police report or a letter from a GP.
- Urgent Cases: Situations involving an immediate risk of harm to a child.
- No Contact Information: When the other party cannot be located despite reasonable efforts.
- Consent Orders: If you’ve already reached an agreement and are applying for a formal consent order.
- Ongoing Court Cases: Where an active family law case involves the same dispute.
For more details on exemptions—or if you’re unsure whether you qualify—it’s recommended to attend a MIAM to discuss your situation with a mediator.
Why Mediation Matters
Mediation is quicker, more cost-effective, and less adversarial than court proceedings. It allows both participants to retain control over decisions while focusing on the best interests of the family.
Important: Before proceeding with family court applications, you must attend a MIAM or confirm your exemption. If mediation is not suitable for your case, the mediator will issue a MIAM Certificate to enable your court application.
Where Can I Find Help?
Although we at Family Law Decisions are not mediators, we highly recommend Direct Mediation Services (DMS). Here’s why:
- Rapid Appointments: MIAMs are available within 24–48 hours.
- Nationwide Coverage: Over 200 locations across England and Wales, including online mediation options.
- Legal Aid Contracts: DMS offers mediation funded by Legal Aid for those who qualify, making the process more affordable.
- Professionalism and Expertise: Accredited mediators guide you every step of the way, ensuring a smooth and supportive experience.
Direct Mediation Services is an excellent choice for all types of family mediation across England and Wales.