Demystifying MIAMs – what is a MIAM?
What is a MIAM?
A MIAM is a Mediation Information and Assessment Meeting. This is the first meeting with a specially trained family mediator pre-mediation. It is the first step in resolving disputes in family law especially for those going through divorce or separation.
MIAMs were introduced as part of the Government’s effort to try and encourage people to consider mediation as an alternative to using the Court to resolve family conflict. Mediation is considered to be more cost effective and time efficient as it does not face the same delays that the Court system does.
A MIAM must be attended before a Court application is made. However, there are several exemptions which may mean that you do not need to attend a MIAM, such as domestic abuse, bail conditions, urgency of application and many more. A full list of exemptions can be found on the Government website.
What can I expect to happen at a MIAM?
Each participant will attend their MIAM independently to meet their mediator. A MIAM will usually last around 45 minutes up to one hour. The mediator will use this appointment to explain the process of mediation and its benefits as well as other options available to try and resolve the dispute outside of Court. The appointment will also be used to obtain information about the situation to help the mediator assess safety and suitability. These meetings are confidential save for certain exemptions and the aim is that participants leave with a clear understanding of their next steps.
In some cases, following both participants attending a MIAM, the mediator may take the view that mediation is not appropriate. For example, this may happen in cases where there is an imbalance of power.
If mediation is deemed suitable, the participants will be booked in for their first joint mediation session. This can be done with the parties alone, or with their solicitors. There is also the opportunity for child inclusive mediation where appropriate when children are seen by the mediator.
Is mediation for me?
It is important to remember that a mediator is not there to give you legal advice but instead is there to encourage open, pragmatic and respectful conversations in accordance with the law. Mediation focuses on a collaborative approach from both participants to come to a solution. The mediator will not impose an outcome – this needs to be decided by both participants.
If an impasse is reached, the mediation will “breakdown” and the matter will have to be dealt with via a different route such as through solicitors, other non-Court dispute resolution ways or Court.
Mediation can be used to resolve disputes concerning matrimonial finances, child arrangements and any other family disputes. All topics can be tackled at the same time or separately. It is worth noting that for any mediation concerning children, participants may be entitled to a mediation voucher under the Government’s Mediation Voucher Scheme which has recently been extended for another year. This will give the participants £500 to use towards mediation and helps financially.
How can Ellis Jones help?
In our Family Law department, we have three mediators with a wealth of experience between them – Deborah Leask, Katie Taft and Asya Panchalieva.
If you would like to book in an appointment with one of our Family Mediators, or if you would simply like more information in relation to mediation, please do not hesitate to contact our experts in the Family Department on 01202 636223.
This week is Family Mediation week, to find out more, visit the Family Mediation Council website.
How can we help?
When you submit this form an email will be sent to the relevant department who will contact you within 48 hours. If you require urgent advice please call 01202 525333.
