MIAM process and exemptions

Legal position:

A Mediation Information and Assessment Meeting (MIAM) is a requirement under the Family Procedure Rules 2010 in England and Wales for most individuals who wish to make an application to the family court in relation to disputes about children, finances, or property following separation or divorce. The purpose is to encourage non-court resolution where possible, by providing information about mediation and other alternative dispute resolution methods. It is not mediation itself but an initial assessment.

What happens at a MIAM:

The meeting is typically conducted by an accredited family mediator and lasts around 45 to 60 minutes. It can be held in person, online, or by telephone. During the MIAM, the mediator will:

1. Explain what mediation involves and its potential benefits, such as being less adversarial and more cost-effective than court proceedings.

2. Assess whether mediation or another form of alternative dispute resolution is suitable for your situation, taking into account factors like domestic abuse, safety concerns, or the willingness of both parties to participate.

3. Discuss your specific circumstances and any barriers to mediation.

4. Provide information on other options, such as collaborative law or arbitration, and signpost to relevant support services if needed.

You attend the MIAM alone unless both parties agree to attend together. At the end, if mediation is deemed suitable and you agree to proceed, the mediator will arrange further sessions. If not, they will provide a form (FM1 or equivalent) confirming attendance, which you must submit with any court application.

Exemptions from attending a MIAM:

You may be exempt from the MIAM requirement in certain circumstances, as set out in the Family Procedure Rules. The court will expect evidence of the exemption when you apply. Common exemptions include:

– Evidence of domestic violence or abuse, such as a relevant conviction, protective injunction, or ongoing police investigation within the last 12 months (though this period can vary based on specifics).

– Urgency, for example if there is an immediate risk to a child's safety or if a delay would cause significant harm.

– Previous unsuccessful attempts at mediation within the last four months.

– One party is bankrupt (in financial remedy cases).

– The other party is imprisoned or otherwise unable to participate.

– You cannot locate the other party despite reasonable efforts.

– The application relates to enforcement of an existing order, or certain international child abduction matters.

If you believe an exemption applies, you should check the precise criteria in the rules and gather supporting evidence. The court has discretion to waive the requirement if it considers it inappropriate, but this is not guaranteed.

Practical next steps:

If you are considering a court application, first determine if an exemption might apply to your case, based on the facts. If not, search for an accredited mediator via the Family Mediation Council website or a similar authoritative source to book a MIAM promptly, as delays can affect your application timeline.

Keep in mind that even if exempt, exploring mediation voluntarily can often be a sensible option to resolve matters amicably, potentially saving time, cost, and stress compared to court. If your situation involves complex factors, the exact applicability of an exemption may depend on specific evidence or dates, so review your circumstances carefully.