MIAMs

Meetings for information and assessment about mediation (MIAMs)

Attending a meditation information and assessment meeting is a legal obligation (in most circumstances) if you intend to take your case to court (often called a MIAM). The other party to the dispute is expected to attend a meeting as well, however they are not required to attend the same meeting as you.

What exactly is an MIAM?

Mediation Information and Assessment Meeting (MIAM) is an abbreviation for Mediation Information and Assessment Meeting (MIAM).

It is your initial meeting with a family mediator who has been professionally trained to determine whether your concerns may be handled without going through the judicial system. The mediator will give you with information on the non-judicial dispute resolution choices available to you, including mediation, and will examine the benefits and drawbacks of each option with you. The meeting will be held in strict confidence.

Who is qualified to perform an MIAM?

Ideally, the mediator will be accredited by the Family Mediation Council (FMC), and you may look for a Resolution mediator on the internet by clicking here.

What location does an MIAM take place in?

Your MIAM will take place in the mediator's office or at a mutually agreed-upon location. They can also be held by online video, such as Skype, if it is the most efficient method of holding the meeting.

When do I have to go to an MIAM and what time do I have to go?

There are several exceptions to the need of attending an MIAM before filing an application with the family court, but unless one of them applies to your situation, you must go. These are some examples:

Domestic violence (you must fulfil specific requirements in order to be considered); child safety issues; the necessity for immediate action; and previous participation at an MIAM or MIAM exemption.

There is further information available from the Family Mediation Council regarding when you do not need to attend an MIAM.

Who will be in attendance at the MIAM?

Depending on whether you and your partner agree to go together, you can travel to the MIAM alone or with your partner. You have the option, and the majority of couples prefer to have separate meetings. At some point throughout the course of a meeting, the mediator will speak with each party separately in order to ensure that everyone is comfortable with the process and to determine whether there are any concerns of violence or abuse.

What exactly takes on at the MIAM?

Your mediator will perform the following duties throughout the meeting:

In addition, we can provide you with information about mediation and other types of conflict resolution such as arbitration and the collaborative process.
Determine whether or not mediation is an appropriate method of resolving the conflict.
Determine whether or if there has been or is a threat of domestic violence or injury to a kid in the home.
Direct you to any relevant resources, such as online information sources on difficulties that may arise during a divorce or separation.

What happens when the MIAM is completed?

If you and your spouse agree to attempt mediation, you may schedule your first mediation session at a time that is convenient for both of you.

If you decide not to proceed with mediation or if the mediation is deemed unsuitable, the mediator will be required to sign the appropriate court paperwork to demonstrate that you have considered going to mediation. You will be able to file your application in court as a result of this.

What is the cost of an MIAM certificate?

If you qualify for legal assistance, the MIAM will be provided at no cost to you. Your mediator will be able to discuss with you whether or not you qualify for legal assistance.

The MIAM is determined by the mediator, who may charge a fee or give it free of charge. Before scheduling your appointment with the mediator, you should inquire about the fees that will be charged.

What exactly is it?

A mediator will meet with you for the first time during the MIAM (Mediation Initial Assessment Meeting). During this appointment, the adviser will explain what mediation is and will outline the many choices accessible to you in the event of a divorce settlement. In addition, they will assist you in determining the most appropriate course of action for your family's unique situation and determining whether or not mediation is the best option for you.

At the conclusion of your MIAM, the mediator will provide you with an estimate of the number of sessions you may anticipate to have and the associated fees. They will also be able to assist you in determining whether or not you are qualified for legal assistance.

Who is required to attend?

If you want to take your case to court, it is now almost always necessary to attend an MIAM in order to rule out the possibility of settling the matter through mediation. MIAMs are mandatory for both you and your spouse, but you are not required to attend together - you and your partner can choose to attend separate meetings if that is what you would like.

It is possible that certain individuals will be excluded from the obligation to attend an MIAM. There are a variety of conditions in which this exemption is applicable, but the most important of them are as follows:

Evidence of domestic violence or abuse has been discovered.
Concerns have been raised concerning the safety of children.
If you have previously attended an MIAM or if you have attempted mediation and were unsuccessful, you may be eligible for a refund.
You and your spouse are already on the same page, and there is no need for a disagreement.
Someone cannot be found, is in prison or under to constraints that prevent them from communicating with the other party.

Is it necessary for me to attend? What are the advantages of doing so?

There are a plethora of possible advantages to mediation. Rather than allowing a judge to determine the outcome of your divorce, working with a mediator and your spouse to reach a settlement gives you more influence over the final conclusion. It is also substantially less expensive than going via the court system and is likely to take less time. It can aid in preventing additional acrimony between you and your partner, as well as protecting your children (if you have any) from any potential disagreement over child custody arrangements.

Depending on the outcome of your MIAM, we may be able to contact the other person with whom you are in disagreement, sign a paper allowing you to go to court, or we may just need some time to think about the next steps to take. That is also acceptable.
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