What is a Mediation Information and Assessment Meeting (MIAM)?

A Mediation Information and Assessment Meeting (MIAM) is a crucial step in the process of resolving disputes which can arise when relationships breakdown. It is a meeting designed to provide individuals with information about mediation and other alternatives to court known as non-court dispute resolution or NCDR.

A MIAM is often the first step in gathering information for separating couples involved in disputes related to child arrangements, property, or financial matters. Here, we’ll explore the purpose, process, and significance of a MIAM.

The Purpose of a MIAM

The main purpose of a MIAM is to ensure that individuals are aware of mediation and other NCDR options as a potential way to resolve their disputes without resorting to court.

Mediation offers a less adversarial, more collaborative approach to problem-solving, often saving time, money, and emotional stress compared to litigation. It can also help equip parents with the tools they need to build a co-parenting relationship after separation.

In a MIAM, attendees learn:

• How mediation works and the different types of mediation.
• The benefits of mediation compared to court proceedings.
• Whether their case is suitable for mediation.
• What the alternatives to mediation are aside from court.

In most cases involving family disputes in England and Wales, attending a MIAM is a legal requirement before applying to court. This requirement aims to encourage parties to explore mediation and other forms of NCDR before turning to the court process

What Happens in a MIAM?

A MIAM is typically conducted by a trained and accredited family mediator. It usually lasts around an hour. Each of the parties attend individually and the contents of their meeting are confidential and not shared by the mediator with the other person.

The MIAM usually covers the following:

• Introduction and Explanation:

The mediator explains what mediation the key principles of mediation, how the process works practically and how it could work in your case. They also discuss other dispute resolution options, such as collaborative law or arbitration.

• Assessment of Suitability

The mediator assesses whether mediation is appropriate and safe in your case. They may ask you questions about the history of your relationship, such as how decisions were made and conflict was resolved. Not all disputes are suitable for mediation, and it is for mediator to decide if mediation is appropriate in the circumstances.

Opportunity to Ask Questions

There will of course be opportunity to ask questions about the process, costs, and expected outcomes of mediation, also to let the mediator know what you would like to achieve from mediation and the issues you would like to raise.

Decision on Next Steps

Following the meeting the mediator will either recommend moving forward with mediation or confirm that mediation is not suitable. If mediation proceeds, arrangements will be made for joint sessions. If it’s deemed unsuitable, the mediator will provide a signed form (FM1) allowing the applicant to proceed with a court application, and also again signpost the participants to the alternatives to court.

When is a MIAM Mandatory?

Under the Family Procedure Rules 2010, attending a MIAM is mandatory for most applicants seeking court orders in family disputes. However, there are exceptions, including:

• Cases involving evidence of domestic violence or abuse.
• Situations requiring urgent court intervention.
• Cases involving bankruptcy, where financial agreements are not feasible through mediation.

The Benefits of a MIAM

Attending a MIAM offers several advantages:

1. Cost-Effectiveness: Mediation is generally more affordable than going to court. A MIAM helps parties understand potential savings.
2. Time Efficiency: Court proceedings can take months or even years, while mediation often resolves disputes in a matter of weeks.
3. Control and Flexibility: Mediation allows parties to maintain control over decisions rather than leaving them in the hands of a judge. It can also be used for specific or individual issues alongside other NCDR options, and
4. Reduced Conflict: By fostering open communication, mediation can reduce hostility and help preserve relationships, which is especially important when children are involved.

A Mediation Information and Assessment Meeting is a vital first step in exploring alternatives to court for resolving disputes. By attending a MIAM, individuals gain a clear understanding of mediation’s potential to provide a collaborative and less adversarial path to resolution. Whether mediation proceeds or court becomes necessary, the MIAM ensures that individuals make informed decisions about their next steps.

If you would like to discuss your own financial situation with one of our specialist family solicitors, please contact us.

Amanda Phillips-Wylds is a Director, Solicitor & Mediator in our Ascot office.