Navigating the world of family law can often seem overwhelming, especially when you’re in the midst of a separation or divorce. One important step in this process in England and Wales is the Mediation Information and Assessment Meeting, commonly known as a MIAM. If you’re unfamiliar with what a MIAM is and how it fits into the wider framework of resolving family disputes, this blog will provide you with a comprehensive overview.
What is a MIAM?
A MIAM (Mediation Information and Assessment Meeting) is an initial meeting aimed at providing information about mediation and other forms of non-court dispute resolution. The meeting is typically the first step in the process of addressing issues such as child arrangements, financial settlements or other disputes arising from separation or divorce.
The Purpose of a MIAM
The primary objective of a MIAM is to:
1. Inform: Provide both attending parties with detailed information about mediation and other alternative dispute resolution (ADR) methods.
2. Assess: Evaluate whether mediation is a suitable option for your specific situation.
3. Encourage: Promote the use of mediation as a more amicable, cost-effective and quicker alternative to court proceedings.
Legal Requirement
Since April 2014, attending a MIAM has been a legal requirement in most cases before you can apply to the family court for specific types of orders, such as child arrangement orders or financial orders. There are, however, certain exemptions where attendance may not be necessary, such as cases involving domestic abuse, urgency or where you have attended a MIAM within the last 4 months. one party cannot be located.
What to Expect During a MIAM
A MIAM typically lasts about 45 minutes to an hour and involves a private discussion between you and a qualified mediator. Here’s what you can generally expect:
1. Introduction: The mediator will explain the purpose of the meeting and outline what will be discussed.
2. Information Sharing: You’ll receive detailed information about the mediation process, including its benefits, costs and how it works in practice.
3. Assessment: The mediator will assess your circumstances to determine if mediation is suitable for your case. They’ll consider factors like the nature of the dispute, the power dynamics between parties and any concerns regarding safety or imbalance.
4. Questions and Clarification: You’ll have the opportunity to ask any questions you might have about mediation or other ADR options.
5. Next Steps: If mediation is deemed appropriate and both parties agree to proceed, the mediator will outline the next steps. If not, they will sign a form confirming you have attended a MIAM, which you can then present to the court if you decide to go that route.
Benefits of Mediation
Opting for mediation after a MIAM can offer several advantages:
1. Cost Efficiency: Mediation is generally cheaper than court proceedings.
2. Speed: The mediation process can be quicker than waiting for a court date and going through litigation.
3. Flexibility: Mediation sessions can be scheduled at convenient times and can be tailored to suit the specific needs of both parties.
4. Amicable Resolution: Mediation promotes a collaborative approach, which can be less adversarial and help maintain better long-term relationships, especially when children are involved.
5. Confidentiality: Unlike court proceedings, which are public, Mediation is a private process held on a without prejudice basis, allowing the parties to negotiate freely, without the fear of their discussions being used as evidence against them in court.
Conclusion
Understanding what a MIAM is and the role it plays in the family dispute resolution process is crucial for anyone going through separation or divorce. This initial meeting provides invaluable information and helps assess whether mediation is a viable option for resolving your disputes. While it is a legal requirement for many, the benefits of attending a MIAM and opting for mediation can pave the way for a more amicable, swift and cost-effective resolution to family conflicts.
If you’re facing a family dispute and considering your options, attending a MIAM could be the first step towards a more constructive and less contentious resolution. Always seek professional legal advice to ensure you understand your rights and the best course of action for your circumstances.
This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 16th January 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of the capital’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here