Mediation and MIAMs
When parents or carers cannot agree on arrangements for a child, the court will usually expect them to explore mediation before making an application. This process begins with a Mediation Information and Assessment Meeting (MIAM).
In most cases, you cannot apply to the court about child arrangements until you have attended a MIAM and obtained a signed form from an accredited mediator. The purpose of this requirement is to ensure that mediation has been properly considered as an alternative to litigation. Mediation is often quicker, less stressful, and more cost-effective than going through the courts, although it is not suitable in every situation.
Exceptions to Attending a MIAM
You are not required to attend a MIAM if there is evidence of domestic abuse. Evidence may include:
- A letter from a GP, social worker, or domestic abuse support service.
- A copy of a protective court order, such as a non-molestation order.
If you do not have supporting evidence, you may still attend a MIAM to explain to the mediator why mediation is not appropriate in your circumstances.
What Happens at a MIAM?
A MIAM is a private meeting lasting around 45 minutes, held with a trained mediator. The other party does not attend. During the meeting, the mediator will:
- Explain how the mediation process works.
- Assess whether mediation is suitable for your situation.
- Provide an outline of the likely costs.
- Advise whether you may be eligible for Legal Aid to help with fees.