Thinking about applying to the family court? You’ll likely come across the term MIAM. But what does it actually involve, and why is it so important?
MIAM stands for Mediation Information and Assessment Meeting
Before you can apply to the family court in England and Wales for most types of orders you’re expected to explore Alternative Dispute Resolution (ADR). One key part of that process is the Mediation Information and Assessment Meeting, or MIAM.
The aim is to explore whether your dispute could be resolved through mediation rather than litigation.
What happens during a MIAM?
A MIAM is a short meeting with a trained family mediator. It’s designed to:
- Explain what mediation is and how it works
- Assess whether your case is suitable for mediation
- Discuss other forms of alternative dispute resolution (ADR)
- Help you understand the potential benefits of resolving matters out of court
You can attend a MIAM alone or with the other party, but most are held individually.
Is it always required?
Not always. Where you are issuing a court application you will be advised that you have a broader duty to genuinely consider ADR before turning to litigation.
The court expects parties to show that they’ve made a real effort to resolve matters outside of court, not just gone through the motions. Judges can even adjourn proceedings or make cost orders if they believe ADR hasn’t been properly considered. If mediation isn’t suitable or doesn’t go ahead, the mediator can sign a MIAM certificate, which you’ll need to include with your court application.
However, there are exemptions to needing a MIAM certificate, such as:
- Cases involving domestic abuse or urgency
- Where the other party is unwilling to engage
- If a MIAM has already been attended in the last 4 months
But in most cases, you’ll need to show the court that you’ve at least considered mediation by attending a MIAM and obtaining a certificate.
ADR is more than just mediation
While MIAMs focus on mediation, ADR includes a wider range of options, such as:
- Collaborative law
- Arbitration
- Private FDRs (Financial Dispute Resolution hearings)
- Early neutral evaluation
- Roundtable meetings
Each has its own strengths depending on the nature of the dispute, the parties involved, and the issues at stake.
We’ve broken down these options in more detail in our ADR article:
Exploring Your Options: Out of Court Dispute Resolution for Separation and Divorce
Why does it matter?
Taking ADR seriously can:
- Encourage early resolution
- Reduce stress and conflict
- Save time and money
- Free up court resources for cases that truly need judicial intervention
Even if mediation isn’t suitable, attending a MIAM shows the court that you’ve taken reasonable steps to resolve matters amicably. And even if ADR doesn’t lead to a full agreement, it can narrow the issues and make the court process more efficient.
Speak to a Family Mediator
If you’re unsure whether a MIAM is right for your situation, contact us and our family mediator, Paul Wild can guide you through your options, the process of mediation, and whether mediation is right for you.
