Mediation Information & Assessment Meeting (MIAM)

The Government (Ministry of Justice) introduced a substantial change to the conduct of family court work that became effective from 6 April 2011. The pre-action protocol consists of guidelines for making an application to Family Court.

Anyone wanting to apply for a court order linked to children or their financial circumstances relating to breakdown of their relationship, will first be expected to attend a Mediation Information Assessment Meeting (MIAM). The Courts in our area advise & expect all "applicants" to attend such a meeting with a mediator. Our mediation team are approved and able to conduct these meetings.

What is the purpose of the meeting?

The mediator will explain what mediation is and how it works. S/he will also help you to look at the issues and help you to identify what it is that needs to change to enable you and any children to move forward and resolve the problems. They will also discuss other ways of resolving your family disputes such as collaborative practice.  As part of the meeting the mediator will make an assessment for eligibility for legal aid or a level of fee based on your family disposable income. The mediator will help you decide what process will work best for you and can provide you with some information to take away.

If you decide, with the help of the mediator, that mediation would be the best process for you then we will take the next steps to set this in place for you - this will involve writing to your former partner/the other party to see if s/he will attend a MIAM and consider engaging in the mediation process.

What is the court’s role in this?

The local courts are supportive of the Protocol and expect applicants & respondants to attend a MIAM prior to an application to Court being made. Should this not happen prior to the first Court hearing - there may be an order for one or both parties to attend a MIAM before the next Court date.

Who is expected to attend the MIAM’s?

If you are making an application to the court in relation to either a financial or children issue, you are expected to attend a MIAM either on your own or with your former partner/the other party. It is advisable to attend a MIAM without your former partner if there are or have been domestic abuse issues in your relationship. Otherwise you could choose to attend the meeting with your former partner/the other party, which would certainly save time.The other party will need to contact us to confirm that they are willing to attend a joint meeting.

If you are the "respondent" in a Court application and invited to attend a MIAM then you will be expected to attend prior to any Court date.

Individual MIAMs are by far the most popular way to attend as you then have the whole of the time on a 1:1 with the mediator.

How much will this cost?

We offer publicly funded (Legal Aid) MIAM's, however, should you not be eligible for legal aid we charge on a scale subject to income and the next steps (if any) to be taken (Max £60.00). Details about legal aid and costs for mediation can be found here.

What if mediation or any other form of dispute resolution is not appropriate?

In this event the person applying for a court order will need to send to the court a completed form FM1. This form, where a MIAM meeting has been attended, is supplied by the mediator and must be completed and signed by them. It must also be countersigned by you or your solicitor (if legally represented). There is no cost for the FM1 if you are eligible for legal aid. Outside of legal aid there is an administrative charge for the FM1 of £50.00

Where you have attended and your spouse/partner refuses to attend a MIAM then the form FM1 will be completed as above and, on receipt of payment (where due), be given to you as the applicant to send to the court with your application.

Should you chose not to attend you will need to complete the form stating why you have chosen not to attend.

When a MIAM will not be required?

The exceptions include -

• domestic abuse is involved (and there has been police involvement in the last 12 months)
• one of the parties has been made bankrupt (for financial issues)
• an urgent application to the court is needed
• there are child protection issues.

And after the MIAM?

If you and your former partner/the other party both agree to engage in the mediation process to help you find your own solutions to your dispute, you could call it “assisted negotiation” problem solving, you will be offered a number of meetings based on the issues to be discussed.

You may need a family lawyer to advise you during the mediation process. The mediator cannot give legal advice, and must remain neutral, but can help you both think about different options which you might want to adopt to reach an agreed outcome. The mediator will prepare a Statement of Outcome or Open Statement of Financial Information & Memorandum of Understanding (where finances are discussed) to summarise any agreements you have reached. These documents can then be incorporated into a legally binding agreement by a lawyer if you so wish.