Mediation information and assessment meetings (MIAMs)

What is a MIAM?

MIAM stands for Mediation Information and Assessment Meeting. It’s the first meeting that prospective mediation clients each have separately with the mediator.

What happens at a MIAM meeting?

At a MIAM you will meet with a specially qualified family mediator. The MIAM meeting is a chance to explain to the mediator what issues you need to resolve around your separation. The mediator to explain a bit more about how mediation works, whilst checking that it would be a safe and suitable process. The mediator will provide information about all the options available to you and the advantages and disadvantages of each option. A mediator can also signpost to other resources which might be useful.

Do I have to attend a MIAM?

Mediation is voluntary, so no you don’t have to. However, many people are presently pleasantly surprised when they do so and understand how their divorce or separation could happen with less stress and cost to them.

Anyone in England and Wales who decides to use the court process to make an application about their children or their finances, must first show that they have attended a MIAM before they can apply for a court order. This requirement was introduced because the government and the courts believe that mediation and other forms of dispute resolution can help many more families resolve their differences in a constructive way, before ending up in court; quicker, cheaper and less confrontational.

What if my former partner won't attend a MIAM?

Mediation is voluntary, so they can’t currently be compelled to do so but there is often more willingness to at least explore options via the MIAM than you might think. The mediator will explain the situation to your former partner, if it’s safe to do so after the first person’s MIAM.

The court also has the power to direct anyone who has refused to attend a MIAM that they should now do so.

Are there any exemptions to needing to attend a MIAM before court?

Only in certain very specific circumstances can you apply to court without first attending one of these meetings; such as where there is evidence of domestic violence, risk of harm to children etc.

The court application form sets out all the possible exemptions that might apply in different situations. If you have a solicitor acting for you they will be able to help with this.

What happens if I don't attend a MIAM?

Only in certain very specific circumstances can you apply to court without first attending one of these meetings; such as where there is evidence of domestic violence, risk of harm to children etc.

The court application form sets out all the possible exemptions that might apply in different situations. If you have a solicitor acting for you they will be able to help with this.

What happens if one of you decides at the MIAM that mediation isn't right for your situation?

This can happen. If for any reason either of you chooses not to try mediation (or one of the other alternatives to court), or if the mediator decides that mediation isn’t suitable for you, the mediator will sign a part of your court application to say mediation has been explored but is not suitable at the current time.

How much does a MIAM cost?

Like many things, it depends on the person or organisation you are using, and prices may vary around the country. The cheapest isn’t always the best. Do make sure your chosen mediator is qualified to conduct MIAMs – these are mediators who have qualified as Family Mediation Council accredited mediators, known as FMCA mediators.

For people who are financially eligible, public funding (legal aid) is still available from certain mediation services. A mediator from one of the services which offer legal aid will assess eligibility at the MIAM. This is means-tested and depends on both your capital and income. You can get an idea yourself whether you might be eligible by checking here. If you qualify for public funding, the mediator will explain to you what costs are covered, both for you and your former partner if they attend a MIAM or mediation.