If you are separating or divorcing, you may have been told that you need to attend a MIAM before you can make an application to the family court. But what is a MIAM, why is it necessary, and does attending one mean that you have to agree to mediation?
MIAM stands for Mediation Information and Assessment Meeting. It is an initial meeting with an authorised family mediator, designed to help you understand the different ways of resolving family disputes without going to court.
Is attending a MIAM compulsory?
Usually, yes. If you want to make an application to the family court concerning child arrangements or financial matters following separation or divorce, you will generally need to attend a MIAM before making your application.
There are some exceptions, including cases involving domestic abuse, child protection concerns or genuine urgency. However, these exemptions are subject to specific requirements and, in some circumstances, supporting evidence.
Since April 2024, the court rules have also placed greater emphasis on both parties considering mediation and other forms of non-court dispute resolution. Although the person making the application must normally attend a MIAM, the other party is also expected and strongly encouraged to attend.
What happens at a MIAM?
A MIAM is not a mediation session. It is an opportunity for you to meet with a mediator individually and discuss your circumstances.
The mediator will explain how family mediation works, what it might achieve and whether it is likely to be suitable for your particular situation. They will also discuss other ways of resolving disagreements without going to court.
You can ask questions, explain your concerns and find out what the process involves. The mediator will also consider whether there are any issues, including domestic abuse or safeguarding concerns, which might make mediation unsuitable.
Do I have to agree to mediation?
No. Attending a MIAM does not commit you to mediation. You remain free to decide whether you wish to proceed.
However, it is worth approaching the meeting with an open mind. Mediation can often provide a quicker, less expensive and less confrontational way of resolving disagreements about children, finances and property.
At Hampshire Mediation, we believe that understanding your options is an important first step towards making informed decisions about your future.
A MIAM is not simply another hurdle before going to court. It is an opportunity to explore whether there is a better way forward.