An MIAM, or Mediation Information and Assessment Meeting, is a mandatory first meeting that takes place in most cases dealing with family law in England and Wales before you can make an application to court for orders relating to children or finances. The purpose of an MIAM is to inform the parties about mediation and other forms of alternative dispute resolution, and to assess whether mediation would be safe, suitable and potentially effective in resolving the dispute without court intervention.
In this, you will meet with a trained and accredited family mediator who will hold separate meetings with you both (as opposed to you both together) so that everyone has the chance to explain their side of the story. If mediation isn’t appropriate for your situation – perhaps because there has been domestic abuse, your matter is urgent, or there are safeguarding issues – then the mediator can certify this on the appropriate court form (e.g., C100, Form A) and your case can progress to court. Mediation at the MIAM stage does not involve any negotiation between the parties, and you are not under any obligation to mediate if you attend one.
What is an MIAM in family law?
MIAM stands for Mediation Information & Assessment Meeting. It’s an initial meeting with a trained mediator who will explain how mediation can help to resolve issues related to children or finances. You should attend an MIAM before starting most family cases at court.
Is an MIAM compulsory?
Yes, if you want to make family applications to court, you will be expected to have attended an MIAM first, unless you are exempt.
Examples of exemptions include: domestic abuse, urgency or attending a recent mediation with the same person.
What happens at an MIAM?
Your mediator will explain about mediation and whether it could work for you. They’ll check that it is safe to mediate and that other ways of dealing with the dispute have been considered. There is no pressure to settle your issues at an MIAM. The meeting is normally held one-to-one and in private.
How long does an MIAM take?
An MIAM usually lasts between 45 and 60 minutes. Additional time can be booked if necessary.
Do both parties attend the same MIAM?
No, not normally. MIAMs are held separately for reasons of confidentiality and to enable the mediator to consider each party’s circumstances without the other party being present.
What if mediation isn’t appropriate?
If mediation is inappropriate or refused, the mediator will sign a court form which states that mediation will not be going ahead. This enables the applicant to make an application to the court.
How much does an MIAM cost?
Legal Aid may be available for MIAMs. If one party qualifies for Legal Aid, then both parties’ MIAM may be free of charge.
Is a MIAM private/confidential?
Yes. Information disclosed at an MIAM is confidential and cannot be divulged in court except in very limited circumstances of safeguarding or serious risk.
Does attending a MIAM mean I must go to mediation?
No. The MIAM is an information and assessment meeting. You can still attend an MIAM and decide not to mediate.