Frequently Asked Questions

How can a MIAM for family mediation help me?

The MIAM mediation information and assessment meeting:

  • Provides information about the mediation process and what to expect.

  • Assesses whether mediation is a suitable option for your specific situation.

  • Offers an opportunity to discuss your concerns and goals in a confidential setting.

  • Helps you understand the benefits and limitations of mediation compared to other dispute resolution methods.

  • Allows you to ask questions and seek clarification about the mediation process and how mediation fits within the court process.

  • Empowers you to make an informed decision about whether to proceed with mediation.

  • Provides guidance on next steps and resources available to support you in resolving your family dispute.

 

 

Is MIAM compulsory in the UK?

 

In the UK, attending a Mediation Information and Assessment Meeting (MIAM) is generally compulsory for those wishing to initiate court proceedings, including matters related to divorce, child custody, and financial settlements. The requirement is part of an effort to encourage out-of-court resolutions, which are often less stressful, less costly, and quicker than traditional court proceedings.

 

A Mediation Information and Assessment Meeting is typically required before you can take a family dispute to court in the UK. However, there are specific circumstances under which you might be exempt from attending a MIAM:

  1. Domestic Violence: if there is evidence of domestic violence, such as a relevant police caution, criminal conviction, protective injunction, or relevant medical report documenting injuries, you may be exempt from attending a MIAM.

  2. Child Protection Concerns: if the case involves issues like child protection or child abduction, where there are ongoing proceedings or an immediate risk to the child’s safety, MIAM attendance may be exempted.

  3. Urgency: if a delay caused by attending a MIAM would cause significant harm, risk of harm, or unjustifiable hardship, you might be exempt. This could include cases where there is a risk of financial loss if immediate action is not taken.

  4. Lack of Contact: if you have no contact information for the other party, or it is impossible to contact them, this may qualify as an exemption.

  5. Previous MIAM Attendance or Mediation: if you, your ex-partner, or both have attended a MIAM or engaged in mediation regarding the same or a substantially similar matter within the last four months, you might not need to attend another MIAM.

  6. Incapacity or Disability: if you or the other party has a disability or other condition that makes attending a MIAM impossible or unreasonably difficult, even with support, you may be exempt.

 

 

What happens after the MIAM meeting?

 

At the end of the meeting, the mediator will agree with you whether your case is suitable for mediation. You can decide whether you want to continue with mediation or explore other options to resolve your family issues. If you are seeking to make an application to court, the mediator can sign the Court Form.

 

 

How long does a MIAM certificate last?

 

In the UK, a Mediation Information and Assessment Meeting (MIAM) certificate remains valid for four months from the date of the meeting. This means that if you attend a MIAM and receive a certificate, you have four months from that date to use it if you decide to proceed with court proceedings related to family matters. After four months, the certificate expires, and you will need to attend another MIAM if you wish to pursue mediation before initiating court proceedings.

 

 

What happens if your ex does not attend a MIAM for mediation?

 

If your ex-partner refuses to participate in the MIAM or continuously fails to attend, you can still proceed with your own MIAM session. During this meeting, the mediator will help you understand your options and next steps, even if mediation is not going to be possible.

 

After attending a MIAM alone, if mediation is considered unsuitable or if the other party refuses to engage, the mediator can issue a form C100 (for child arrangements), the Form A (for Financial arrangements) or the FM1. These forms certify that you have attended a MIAM and that mediation was considered or attempted. These documents are necessary if you decide to take the matter to court.

 

 

Do I have to attend a MIAM mediation information and assessment meeting?

 

Since 2014 it is a legal requirement to attend a MIAM Mediation Information and Assessment Meeting before making an application to the Court relating to a family dispute. This is to enable you to at least attempt mediation in the first instance. At your MIAM, your family mediator will provide you with information about mediation so that you can make an informed decision whether mediation is right for you. They will also assess your case for its suitability at mediation.

 

It is important that you are aware that mediation itself is not compulsory, it is only the MIAM. This is because the legal requirement is for you to at least consider family mediation before applying to the Court. Mediation is a voluntary process, meaning that you do not have to use it if you don’t want to. An application to Court however may result in a judge asking you why you did not use mediation, and they can actually direct you back to mediation to try and resolve your dispute at mediation.

You need to attend a MIAM if you are experiencing either of the following family disputes and wish to make an application to court:

  1. Child arrangements – if you are trying to resolve issues relating to your children, such as where they live or who spends time with them.

  2. Financial arrangements – if you are trying to resolve issues relating to your finances or property through your divorce or separation.

 

What will a MIAM certificate cost?

Everyone has different needs and that is why we offer different services. Below are the different types of MIAMs that we offer:

  • MIAM during office hours: We promise you an online MIAM appointment within two days of booking or less. This could be during lunchtime or before picking up your children from school.

  • Fast track MIAM online: We understand that sometimes you need the MIAM certificate quickly to complete a court application and that is why we offer an express service.

  • Legal Aid: If you qualify for Legal Aid you will receive the service free of charge. This funding can also partially fund the other person in mediation.

Please check our website for costs.

 

 

What happens if mediation does not go ahead?

 

If after your meeting the mediator says that mediation is not suitable for your case, they will give you a signed form (C100, Form A or FM1) which allows you to make an application to the family courts.

 

 

When is MIAM urgently needed?

 

  • Court application: If you need to make an application to the courts quickly, or the courts have directed you to attend a MIAM for mediation and there is a tight deadline.

  • High conflict situations: If there’s ongoing conflict or communication breakdown, seeking mediation promptly can help prevent escalation and facilitate constructive dialogue.

  • Child arrangement issues: Getting the process started is essential in situations involving children, where decisions must be made quickly to ensure the welfare of the child.

  • Time-sensitive issues: When there are pressing matters that need immediate attention, such as temporary child arrangements, financial support, or property matters.

 

 

Do you have to pay for mediation services?

 

For family mediation, there is funding available for people on low incomes or receiving specific benefits. This is called Legal Aid for Family Mediation. However, if this does not apply to you, then you have to pay for your mediation service. Ask our member of our team about any other funding that may be available.

 

In some situations, one participant may agree to cover the entire cost of mediation as part of negotiations or to facilitate the resolution process. This could be due to various reasons, such as one participant having significantly more financial resources or the other participant facing financial hardship.

 

 

How much do mediation services cost?

 

In the UK, the cost of mediation services varies depending on factors such as mediator’s fees, session duration, complexity of issues, and additional expenses like venue hire.

The Family Mediation Council has done some research in respect of average fees for mediation:

https://www.familymediationcouncil.org.uk/family-mediation/cost/

 

 

Free mediation services in the UK

 

An option for accessing free family mediation services in the UK is to apply for Legal Aid for divorcing or separating families. Legal Aid may cover the cost of mediation for individuals who meet certain eligibility criteria. Issues discussed in family mediation can be divorce, child custody, and financial matters. The availability of Legal Aid for mediation also depends on factors such as income, assets, and the type of dispute.

 

 

What is online mediation?

 

Mediating through online platforms has never been more convenient or secure. With options including Zoom, WhatsApp video, Teams, or Google Meets, you can access online family mediation from the comfort of your home or office.

 

Online mediation for family matters is especially ideal when conflict levels are high, preventing face-to-face interaction, as mediators can seamlessly facilitate discussions between participants without direct contact.

 

Our team of experienced online mediators accredited by the Family Mediation Council are dedicated to guiding you through the process, promoting open communication, and helping you find a way forward that works for everyone. Whether you are navigating child arrangements, financial matters, or any other issue, our online family mediation service offers a convenient and cost-effective solution.

Additionally, online mediation streamlines the process, eliminating the need for booking whole days away from employment, making it a faster, less financially costly option.

 

 

How does online mediation work?

 

Online divorce mediation works by utilising digital communication tools to facilitate a structured negotiation between disputing participants, guided by a trained mediator.

Sessions can be conducted by WhatsApp video call, Facetime video call, Zoom and Google Meet. We understand that people have less time and therefore this can be the most effective way of carrying out mediation quickly.

 

Also, this approach may be beneficial for people living at a distance from one another, or in some circumstances where one person has moved or is working abroad.

 

 

Are family mediators qualified professionals?

 

It is vital that the family mediator you are engaging is fully qualified and registered. All accredited family mediators in England and Wales are listed on the website of the Family Mediation Council (FMC).

 

There are two types of family mediator: trainee and accredited. This is very clearly stated on the profile of every mediator on the register. All accredited mediators have completed substantial training to a high level and have also compiled a professional portfolio, which takes approximately one to two years to finish.

 

Every year, family mediators have to complete a specified number of hours of Continuous Professional Development (CPD) to satisfy the Family Mediation Council. The mediator also has to undertake a certain number of hours of family mediation each year. All accredited family mediators have to have professional indemnity insurance and in addition to this, every mediator has to be a member of a professional organisation, such as The College of Mediators, The Family Mediation Association or Resolution.

 

 

Can mediation help you to get a divorce?

 

By going to mediation, it can help you and your ex-partner get a divorce quicker. This is mainly because you are communicating, whether it be in shuttle or face-to-face. Your family mediator can help you agree child arrangements and the finances following your separation. 

 

The mediator will always recommend that you both have independent legal advice from a qualified person. A family mediator is impartial, so he can give you legal information, but not legal advice (even if your mediator is a qualified solicitor) – this is the job of a family solicitor.