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MIAMs & mediationEngland & Wales

MIAMs & mediation

Before you can apply to the family court about children or finances, you are usually required to attend a Mediation Information and Assessment Meeting (MIAM - Mediation Information and Assessment Meeting. A one-hour session you usually must attend before applying to court about children or finances. It explains mediation and checks if it’s suitable for your situation.). This guide explains what that involves and how mediation works.

MIAM length

~1 hour

one-off session

Before court

Required

with exemptions

If eligible

Free

legal aid funded

Mediation itself

Voluntary

both must agree

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What is a MIAM?

A MIAM - Mediation Information and Assessment Meeting. A one-hour session you usually must attend before applying to court about children or finances. It explains mediation and checks if it’s suitable for your situation. - Mediation Information and Assessment Meeting. A one-hour session you usually must attend before applying to court about children or finances. It explains mediation and checks if it’s suitable for your situation. is a short meeting, usually around an hour, with a trained family mediator. Its purpose is to explain the options available to you for resolving your dispute without going to court. The mediator will explain how mediation - A process where an independent person helps you and the other party reach agreement without going to court. It’s voluntary, and anything said in mediation is confidential. works, whether it might be suitable for your situation, and what other options exist.

A MIAM - Mediation Information and Assessment Meeting. A one-hour session you usually must attend before applying to court about children or finances. It explains mediation and checks if it’s suitable for your situation. is not mediation itself. It is an information session. You are not committing to anything by attending. You and the other party attend separately. You will not be in the same room unless you both agree to a joint session.

After the MIAM - Mediation Information and Assessment Meeting. A one-hour session you usually must attend before applying to court about children or finances. It explains mediation and checks if it’s suitable for your situation., the mediator will sign a form confirming you have attended. If mediation is not suitable, or if the other party refuses to attend, the mediator will sign the form confirming this, and you can then proceed with your court application.

Do I have to attend?

In most cases, yes. Before you can file a C100 - The application form you use to ask the court to make a decision about your children, such as where they live or how much time they spend with each parent. - The application form you use to ask the court to make a decision about your children, such as where they live or how much time they spend with each parent. (children) or Form A - The form that starts financial proceedings after divorce. It asks the court to decide how assets, property, and money should be divided. - The form that starts financial proceedings after divorce. It asks the court to decide how assets, property, and money should be divided. (finances) application with the family court - The court that handles family cases including divorce, children arrangements, financial orders, protection orders, and adoption. Less formal than other courts: the judge usually wears a suit, not robes., you must have attended a MIAM - Mediation Information and Assessment Meeting. A one-hour session you usually must attend before applying to court about children or finances. It explains mediation and checks if it’s suitable for your situation. or have a valid exemption. The court will not accept your application without a signed MIAM - Mediation Information and Assessment Meeting. A one-hour session you usually must attend before applying to court about children or finances. It explains mediation and checks if it’s suitable for your situation. form.

Only the person making the application (the applicant - The person who started the court case by filing an application. In family court, this is the person who applied for a divorce, children order, or financial order. Being the applicant does not mean the court thinks you are right.) is required to attend. The other party (the respondent - The person responding to a court application. In family cases, this is the person who did not start the proceedings. Being the respondent does not put you at a disadvantage.) will be invited but cannot be forced to take part. If they refuse, the mediator will confirm this and you can proceed to court.

The MIAM requirement applies to the applicant. If the other party does not engage, that is not a barrier to your court application. The mediator will confirm their non-attendance on the form.

MIAM exemptions

There are important situations where you do not need to attend a MIAM - Mediation Information and Assessment Meeting. A one-hour session you usually must attend before applying to court about children or finances. It explains mediation and checks if it’s suitable for your situation. before applying to court. These exemptions exist to protect people who need urgent access to the court or who would be put at risk by the mediation process.

Domestic abuse

If there is evidence of domestic abuse - Any incident or pattern of controlling, coercive, threatening, or violent behaviour between people who are or have been in a relationship. Includes physical, emotional, psychological, sexual, and financial abuse. (such as a police report, court order, letter from a GP or refuge), you are exempt.

Child protection

If a local authority is investigating concerns about the child, or the child is the subject of a child protection plan.

Urgency

If there is a risk of harm to the child, a risk they will be removed from the country, or an immediate issue with their living arrangements.

Previous MIAM

If you attended a MIAM in the last four months and it did not result in mediation starting.

Claiming an exemption

If you claim an exemption, you may need to provide evidence with your application. The court can challenge an exemption claim if it does not appear genuine. If in doubt, attend the MIAM. It is a low-cost, low-commitment step.

What is mediation?

Mediation is a process where you and the other party meet with a trained, independent mediator to try to reach agreement. The mediator does not take sides and does not make decisions for you. Their role is to help you communicate, identify the issues, and explore options.

Mediation is voluntary. Both parties must agree to take part. Sessions typically last one to two hours, and most cases involve three to five sessions. You can attend in person or online. If domestic abuse is a concern, shuttle mediation may be available, where each party is in a separate room.

If you reach agreement in mediation, the mediator can prepare a document called a Memorandum of Understanding - A written summary of what was agreed during mediation. It is not legally binding on its own but can be turned into a consent order by the court.. This is not legally binding on its own, but it can be turned into a consent order - A legal document that turns an agreement between you and the other party into a court order. Once approved by a judge, it’s legally binding and enforceable. - A legal document that turns an agreement between you and the other party into a court order. Once approved by a judge, it’s legally binding and enforceable. by the court, which is binding.

A £500 government mediation voucher - A government scheme offering up to £500 towards the cost of family mediation. Available for eligible disputes about children or finances. is available for child-related disputes. This can cover a significant portion of the cost. Ask your mediator about it at the MIAM - Mediation Information and Assessment Meeting. A one-hour session you usually must attend before applying to court about children or finances. It explains mediation and checks if it’s suitable for your situation..

What it costs

ItemCostNote
MIAM (per person)£100–£200Free if eligible for legal aid - Government funding that pays for legal help if you can’t afford it. In family law, it’s mainly available for domestic abuse cases and some child protection matters.
Mediation session£100–£250Per person, per session
Government voucher−£500For child-related disputes only
Legal aid mediationFreeIf you qualify on income

If your mediation is about finances, our Financial Settlement Navigator helps you map assets and prepare for the conversation.

When mediation isn't right

Mediation is not suitable for every situation. It requires both parties to engage in good faith. If there is a significant power imbalance, ongoing abuse, or one party simply refuses to participate, mediation will not work, and the mediator will confirm this.

If mediation is not appropriate, your next step is usually a court application. See our guides on children arrangements or the financial court process depending on your situation. You may also want to explore other alternatives to court.

Related guides

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