In England, it is now mandatory, before going to court that you have demonstrated that you have at least attempted mediation.
The first step into mediation is what is known as a MIAM – Mediation Information and Assessment Meeting.
Here you will meet with a mediator who at the first mediation session will isolate the areas that you with to mediate on and look to resolve your dispute.
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The MIAM (Mediation Information Assessment Meeting) can be in person or online and it will last on average 40 minutes.
At an MIAM, you will consult with a specially educated mediator and also discuss your individual situation in private.
Commonly, this is an individual meeting, though you may have the ability to participate in a portion of the meeting with your former partner if you both wish.
You can find our more about mediation costs here, the real question to ask is how much will it cost you not to mediate?
If you are in a situation where you cannot resolve your dispute, you can either stay in the situation or you can take action. If you take action today you can greatly reduce your costs and stress by avoiding court. In addition we are able to offer access to the Family Mediation Voucher Scheme which will offer a contribution of up to £500 towards the costs of mediation will be provided, if you are eligible. The Family Mediation Council Website has information on qualification and frequently asked questions.
Mediation is not relationship counselling but offers ex-partners in dispute over child arrangements or family finances. Should the other party not wish to take part in mediation, you will have the necessary documents needed to be able to proceed your case to court and further your case. Legal Aid can also be an option for low income families should you qualify and will support your mediation costs. Speak to our team to find out more.
What is a MIAM?
A MIAM, or Mediation Information Assessment Meeting, is a first meeting before initiating certain family court proceedings, such as applying for a court order in family matters. Its purpose is to provide individuals with information about mediation as an alternative dispute resolution process and to assess whether mediation is suitable and in the best interests for resolving your dispute in an effective manner.
What Happens During a MIAM?
During a MIAM, an accredited mediator meets with each party individually to explain the mediation process, including its benefits, confidentiality, and costs. The mediator will also discuss the specific issues in dispute and assess whether mediation is suitable for the parties involved. This assessment includes considering factors such as the willingness of both parties to participate, the complexity of the issues, and any safety concerns. The mediator may provide information about other dispute resolution options if mediation is deemed unsuitable.
What if my ex-partner won't Mediate?
If your former partner refuses to attend a MIAM, the mediator will assess whether mediation is still possible or appropriate in the circumstances. The mediator may explore alternative ways to provide information about mediation to the other party or attempt to address any concerns or barriers to participation. In some cases, the mediator may proceed with an individual meeting with the party who attended the online MIAM to provide information and discuss available options. However, if one party consistently refuses to engage in the mediation process without valid reasons, it may impact the ability to proceed with mediation or may result in the need for court intervention to resolve the dispute.
Is a MIAM Mandatory?
Attending a MIAM is mandatory before initiating certain family court proceedings related to family matters, such as divorce or child custody disputes. However, there are exceptions, such as cases involving allegations of domestic abuse, child protection concerns or domestic violence. Parties are typically required to attend a MIAM to demonstrate that they have considered mediation as an alternative to court proceedings. Failure to attend a MIAM when required may result in delays or other consequences in the court process. It’s essential to check the specific requirements and exemptions in your jurisdiction.
If you are ready to start your mediation journey, speak to our Family Mediation Choice – UK expert mediators who are able able to assess your suitability for mediation sessions. Learn about the cost of the MIAM Fill out our contact form to send us an email
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