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

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

As one of the ways of resolving the issues arising out of your separation, many couples chose mediation.

This is a way of reaching a proposal by discussing matters face to face with your former partner. They can be virtual or in person and enlist the help of a qualified family mediator.

Family Law loves an acronym and mediation is no exception. Recently MIAM has been bandied around quite a lot and it is now one of the most common search terms in family law.

So, what is a MIAM and how do they fit into the options for separating couples?

MIAM stands for Mediation Information and Assessment Meeting.

These are individual private and confidential sessions that a mediation participant has with a family mediator before they progress to joint sessions.

They are a prerequisite to mediations but also to starting court proceedings.

The family court encourage the option of mediation for couples before issuing court proceedings.

In some circumstances the mediator may certify that the matter is not currently suitable for mediation and the court needs to know about at too.

It is a means by which the mediator communicates to the court that mediation is not suitable, or the couple refuse it.

The MIAM explains how mediation can help the participant and the role of the mediator.

It addresses any questions that the likely participant has about the process and obtaining information about costs.

It is also an opportunity for the mediator to assess the suitability of the couple, and their situation for mediation. 

Mediators

Mediators are professionals who have been specially trained to help separating couples negotiate.

They facilitate calm negotiation to help them deal with the issues arising out of their separation, including both children and money.

They are often former or current family lawyers.

This year the family court recognised their role by insisting that trying to resolve separation together out of court is now non-negotiable.

The mediators have a private and confidential individual session with one or both of the couple.

In which they will provide information and assessment of your suitability for mediation and other means of non-court dispute resolution.

If the participants are interested in resolving their issues through this route, then they will go forward to joint sessions. The Government currently gives £500 towards the costs of each couples’ mediation fees if they have children.

If you issue court proceedings, then you will have to fill in a court form called FM5 which asks ‘Why are you here?’ Why haven’t you tried a non-court dispute resolution? And if you have, why hasn’t it worked?

If a judge at the first hearing isn’t satisfied that you’ve tried it, they will stop the proceedings and send you off to do just that.

If you are keen but your partner refuses, then the judge can not only stop the proceedings but potentially could ask your partner to pay the cost of that hearing.

In short, the family court wants to make sure that everyone tries mediation and if not that there are good reasons why only the court can make the decision for you.

MIAMs and mediation are tried and true practices which can help ease and simplify separation. This reduces costs financially but also emotionally, benefitting the couple and children involved. 

How can we help?

Contact us today at 0333 344 6302 to arrange an initial meeting. Offices in Henley-On-Thames, Beaconsfield, Marlow and London.

Blanchards Law is a highly experienced family law firm, and we offer a nationally leading mediation service. We are recognised for our leading family law services in the Legal 500 and the Spears 500.