It starts with the mandatory MIAM
If you’re dealing with a private family matter like sorting out arrangements for children or dividing finances you’ll likely need to start with something called a Mediation Information and Assessment Meeting (MIAM).
What is a MIAM, exactly?
It’s a short, confidential one-on-one chat with a qualified family mediator.
- It’s NOT a mediation session. You don’t have to sit across from the other person or try to negotiate.
- It’s an information session. The mediator will clearly explain what mediation is, help you figure out if your case is a good fit, and answer all your burning questions.
Why is it required?
The whole point is to make sure you’ve explored all alternatives to court. Once you’ve attended, if the mediator considers that mediation won’t be suitable, they will sign a form to confirm this. You can then attach this to your court application.
Consideration, Not Compulsion
This is a crucial distinction and a great relief to many people: The law requires you to consider mediation, but it does NOT force you to agree to anything.
- If you attend your MIAM and genuinely feel mediation isn’t right for your situation, that’s okay.
- If the mediator themselves assesses that the case is unsuitable (perhaps due to a history of domestic abuse or a clear power imbalance), they will sign the form saying so.
You are then free to move forward with your court application.
Key Safety Nets: When You Can Skip the MIAM
The law is designed to be fair and safe. There are very good reasons called exemptions that allow you to go straight to court. These are in place to protect people and prevent delays in truly urgent situations.
Common exemptions include:
- Domestic Abuse: If you can provide evidence of domestic abuse, your safety comes first and you may be exempt.
- Urgency: If there’s an immediate risk, like a fear of a child being unlawfully taken out of the UK.
- Child Protection: If a child is already involved with Social Services or is on a protection plan.
- Recent Attempts: If you’ve already tried mediation within the last four months.
