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What is a MIAM?

MIAM stands for Mediation Information and Assessment Meeting.

It is a first meeting with a specially qualified family mediator to consider whether your issues can be resolved without going to court. The mediator will provide you with information about the options available for non-court resolution, including mediation, and discuss the advantages and disadvantages with you. The meeting is confidential.

If you want to take your case to court it is a legal requirement (in most cases) to attend a MIAM. Your ex is expected to attend a meeting too but they don’t have to go to the same meeting as you.

Who leads the MIAM?

A MIAM must be run by an accredited family mediator. 

What happens at the MIAM?

At the meeting, your mediator will:

  • Provide you with information about mediation and other forms of dispute resolution, including arbitration and the collaborative process;
  • Assess the suitability of mediation to resolve the dispute;
  • Assess whether there has been or there is a risk of domestic violence or harm to a child; and/or
  • Signpost you to any relevant support, for example online information sources about issues arising on separation.

You can either go to the MIAM alone or with your ex, if you both agree to attend together. You can choose and many couples decide to have separate meetings. If you have a meeting together the mediator will speak to each of you separately at some point to make sure you are comfortable with the process and check whether there are any issues of harm or abuse.

Your mediator will assess whether your circumstances are suitable for mediation and whether you could receive funding to support the process. 

What happens after the MIAM?

If you and your ex agree to try mediation you can make an appointment for your first mediation session.

If you decide not to proceed with mediation or it is not suitable, then the mediator will need to sign the relevant court form to show you have thought about going to mediation. This will enable you to issue your application at court.

How much does a MIAM cost?

If you are eligible for legal aid, the MIAM will be free. Your mediator will be able talk to you about whether you qualify for legal aid.

The mediator sets the cost of the MIAM and some may provide it free of charge. You should ask the mediator about their charges before you arrange your meeting.

 

Mills & Reeve have a team of family mediators who can conduct MIAMs and work with you to help you resolve family disputes. During March 2022, we are offering complimentary MIAMs to couples who are not eligible for legal aid (subject to availability). Contact us for more information.

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Alison Bull

+443443276245

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