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Who Needs to Attend a MIAM and What Happens Next

Who Needs to Attend a MIAM and What Happens Next?

If you are considering applying to the family court to resolve a dispute involving children or finances, you may have come across the term MIAM. A MIAM, or Mediation Information and Assessment Meeting, is often the first step in the family mediation process and, in many cases, is required before a court application can be made.

Understanding who needs to attend a MIAM and what happens afterwards can help you feel more prepared and informed about the process.

What is a MIAM?

A MIAM is an individual meeting with a qualified family mediator. The purpose of the meeting is to provide information about mediation and assess whether mediation is suitable for your circumstances. You and your mediator will explore whether issues can potentially be resolved without court intervention.

The meeting is private and confidential (there are safeguarding exceptions) and gives you the opportunity to discuss your situation, ask questions, and understand the options available to you.

Who needs to attend a MIAM?

In many family law cases, attending a MIAM is a legal requirement before submitting certain applications to the family court. This commonly applies to disputes involving:

• Child arrangements

• Parenting responsibilities

• Financial settlements following separation or divorce

• Property-related matters

• Other family disputes that may benefit from mediation

If one person wishes to make a court application, they will generally need to attend a MIAM first unless an exemption applies.

Are there any exemptions?

There are circumstances where attending a MIAM may not be required. Examples can include situations involving:

• Domestic abuse

• Child protection concerns

• Urgent applications

• Certain safeguarding issues

• Cases where a MIAM has already been held within the last 4 months

A qualified mediator will discuss any potential exemptions during your initial enquiry and advise whether a MIAM is necessary in your circumstances.

What happens during the MIAM?

The MIAM usually lasts about an hour and takes place separately from the other person.During the meeting, the mediator will:

• Explain how mediation works

• Discuss the issues you would like to resolve

• Assess whether mediation is appropriate

• Identify any concerns regarding safety or suitability

• Answer questions about the process

• Explain possible next steps

The mediator remains impartial throughout the discussion and does not provide legal advice or take sides.

What happens after the MIAM?

Once your MIAM has been completed, you and your mediator will consider together whether mediation is suitable for you, and you can both decide whether you wish to proceed to the next steps. Which includes inviting the other person to make a MIAM appointment.

If mediation is considered suitable and both parties are willing to participate, the next stage involves arranging joint mediation sessions. Mediation is where both individuals are able to discuss the issues facilitated by your mediator. 

Joint sessions can focus on matters such as:

• Arrangements for children

• Financial agreements

• Property division

• Future communication arrangements

• Other practical issues arising from separation

The goal is to help both parties reach informed decisions and workable agreements that meet their individual circumstances.

What if the other person does not want to attend?

Mediation is a voluntary process. If the other person chooses not to participate, the mediator will explain the available options and can provide the relevant documentation required for a court application where appropriate.

Even when mediation does not proceed beyond the MIAM stage, attending the meeting can still help you understand your options and the routes available to move your case forward.

Can you obtain legal advice during mediation?

Mediation and legal advice work alongside one another. Participants are encouraged to seek independent legal advice. Legal advice can help you understand your rights and responsibilities while mediation focuses on facilitating productive discussions and helping both parties explore potential solutions.

Government Family Mediation Voucher Scheme

For families discussing arrangements involving children, the Government Family Mediation Voucher Scheme may be available to help reduce the cost of mediation. After both of your individual MIAMs, if you have not used the voucher before, and you both agree, your mediator can apply to the government scheme on your behalf. Eligible families can receive up to £500 towards mediation fees. The contribution is paid directly to the mediation provider, helping to make the process more affordable and accessible while supporting families in reaching practical agreements outside of court.

Why consider mediation?

Mediation is often quicker, more flexible, and more cost-effective than court proceedings. It allows individuals to remain involved in decision-making and can help reduce conflict by encouraging constructive communication.

Rather than having decisions imposed by a court, mediation provides an opportunity to work towards mutually acceptable outcome in a confidential and supportive setting.

Contact Mediation Surrey

If you are unsure whether you need to attend a MIAM or would like to learn more about family mediation, the team at Mediation Surrey is here to help. We can explain the process, discuss your circumstances, and arrange a MIAM appointment at a time that suits you.

Contact us at:

family@mediationsurrey.org or call 03301 340176

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