21st October 2024

Family Law FAQs – What is a MIAM? Do I need to attend one?

Family Law FAQs – What is a MIAM? Do I need to attend one?

Our Family team has put together answers to some of its most frequently asked questions and we’ll be sharing them over the course of the coming months. We continue the series with this… 

What is a MIAM and do I need to attend one?

MIAM is an acronym for Mediation Information and Assessment Meeting. Attending a MIAM is often a crucial step in the family dispute resolution process and in some cases, if successful, it can lead to your case being resolved without the need for anyone to go to court. Ultimately saving you time, energy and legal costs.

What happens at a MIAM?

The purpose of a MIAM is for you to meet with a mediator so that you can explore whether mediation or other forms of Non-Court Dispute Resolution (“NCDR”) are suitable for you. The mediator will tell you about the mediation and explain what methods of non-court dispute resolution (“NCDR”) are available given the circumstances of your case.

At the end of the MIAM, the mediator will tell you if they think mediation is suitable or not. If mediation is suitable, then the mediator will invite the other party to attend a MIAM with them. If the other party agrees to engage in mediation or another NCDR process, then you will both take part in that process in the hope that you can settle your dispute outside of Court.

However, in some cases the mediator may conclude that mediation or other forms of NCDR are unsuitable. If this is the case, then the mediator will tell you this and will provide you with a certificate showing that you have attended a MIAM. You must send the certificate to the Court when you issue your Court application. It is important to note that you have four months to issue your Court application after receiving your MIAM certificate. Failure to do so without good reason may result in you having to attend another MIAM.

MIAM Exemptions:

Before issuing a Court application the applicant must attend a MIAM unless exempt. For a full list of MIAM exemptions in both private children and financial remedy matters, please see the below links containing the Court forms which set out the current exemptions in full:

Private Children

Financial Remedy on Divorce

If you are looking for a mediator in Cumbria or the North East, we are more than happy to recommend some Authorised Family Mediators who will be able to assist you with your matter.

If you are seeking advice relating to a children matter or financial issues on divorce, then please feel free to get in touch with us on 01228 552222 or hello@burnetts.co.uk and ask to speak to a member of our Family team to set up an appointment.