MIAM- MEDIATION INFORMATION AND ASSESSMENT MEETING

What is a MIAM?

A MIAM stands for Mediation Information and Assessment Meetings. It is a voluntary and confidential process that separating couples involved in family issues in England and Wales are required to attend before they can apply to a court order for certain family law matters, such as child custody or financial arragements.

Who attends a joint MIAM?

Both you and your ex partner involved in the dispute attend the first session for the MIAM along with your accredited family mediator who will provide them with information about the mediation process, to help each party understand they can make their own informed decisions and assesses whether mediation is a suitable option for resolving their dispute.

What happens during a MIAM?

During a MIAM (mediation information assessment meeting) , and your first mediation session, the Just Divorce Mediator Derbyshire will explain the family mediation process, including its benefits and potential outcomes. They also discuss whether family mediation is suitable for the particular circumstances of the case. The experienced family mediators will assess factors such as safety concerns, financial aspects, power imbalances, and the willingness of the parties to engage in the family mediation process.

Is attending a MIAM compulsory?

In most cases, yes. It is a legal requirement for parties to participate in a MIAM before they can apply to court for certain family law matters. There are some exceptions, such as cases involving domestic violence or where urgent court proceedings are required.

What are the benefits of attending a MIAM?

Attending a MIAM encourages parties to consider mediation as a way of divorcing couples resolving their family dispute outside of court. Mediation can often be quicker, less expensive, and less adversarial than going to court. It also allows parties to have more control over the outcome of their dispute.

What if one party refuses to attend a MIAM?

If your ex partner refuses to attend a MIAM, the other party can still apply to court for the necessary orders. However, a court order may require the party who refused to attend the MIAM to provide an explanation for their refusal.

How long does a MIAM last?

A first meeting MIAM with Just Divorce Mediation Derbyshire typically lasts between 45 minutes to an hour, although it may be shorter or longer depending on the complexity of the case.

What happens after a MIAM?

If both parties agree to try mediation, they can schedule further mediation sessions in a neutral venue to work towards a resolution and everyone’s best interests. If mediation is not suitable or if one party is unwilling to mediate, the other party may proceed to apply to court for the necessary orders.

Is everything discussed in a MIAM confidential?

Yes, discussions during a MIAM are confidential. However, there are exceptions, such as if there are concerns about the safety of a child or vulnerable adult.

In some cases, family mediation meetings may not be the right choice for the family. In that case the Just Divorce Derbyshire accredited family mediators, after assessing the situation will provide an FM1, C100, Form A or Family Mediation 1 form. This allows the case to go on to the court. An FM1 form is only applicable for 4 months, after which a fresh session of mediation would be required before issuing a new FM 1 form.

Speak to the Just Divorce Family Mediation team for further information about dispute resolution. If you have questions about, financial issues, child support, shuttle mediation, support mediation or child arrangements with your ex partner,  Call us on 0161 738 1041  family.