What Is A MIAM?

A MIAM (Mediation Information and Assessment Meeting) is your first meeting with an accredited family mediator, and for most family court applications it is a legal requirement before you can apply. With MIAM Direct you can complete your MIAM online, and if you need a court certificate we can usually issue it within 24 hours.

This guide explains what a MIAM is, why you might need one, what the law now requires following the April 2024 changes, and what to expect on the day. To book, call 0333 567 1676 or use our online booking form.

What a MIAM Is, in Plain Terms

A MIAM is a confidential, one-to-one meeting with an accredited family mediator. Its purpose is to give you clear information about your options for resolving a family dispute, and to assess whether mediation, or another form of non-court dispute resolution, is suitable for your situation. It is the gateway to the family mediation process, and, for most people, a required step before applying to the family court.

Only a mediator accredited by the Family Mediation Council can conduct a MIAM and sign the court certificate that confirms you have attended.

Do You Need a MIAM?

In England and Wales, if you intend to apply to the family court for a Child Arrangements Order, another order relating to children, or a financial order on divorce or separation, you must attend a MIAM first, unless a valid exemption applies. This requirement comes from section 10 of the Children and Families Act 2014 and Part 3 of the Family Procedure Rules.

Importantly, this is true even if you are confident that court is your only option. The MIAM is a required step, not a commitment to mediate, and you cannot usually issue a court application without either a mediator’s certificate or a valid exemption.

What Changed in April 2024

On 29 April 2024 the Family Procedure Rules in England and Wales were significantly strengthened to push families towards resolving disputes away from court. If you are reading older guidance that only refers to the position since 2014, it is now out of date. The key changes are:

• A wider definition of non-court dispute resolution (NCDR). NCDR is no longer limited to mediation. It now expressly includes arbitration, evaluation by a neutral third party, and collaborative law, and your mediator must explain which options may be most suitable for you and why.
• Fewer exemptions, and evidence required. The grounds for avoiding a MIAM have been reduced, and where an exemption is claimed it must now be supported by evidence filed with the application.
• A new court form, the FM5. In private family law proceedings, parties must file and serve a Form FM5 setting out their views on using NCDR, usually at least seven days before the first hearing.
• Stronger powers for the court. Judges can now adjourn proceedings to allow NCDR to be explored, even where the parties have not agreed to it, and must consider at every stage whether NCDR is appropriate.
• Costs consequences. A party who, without good reason, refuses to attend a MIAM or engage in NCDR may be ordered to pay the other party’s costs.
• Updated terminology. “Domestic violence” has been replaced with “domestic abuse”, carrying the same meaning as in the Domestic Abuse Act 2021.

In short, the courts now expect a genuine effort to resolve matters out of court before you litigate. Attending a MIAM is how you demonstrate that.

MIAM Exemptions

Exemptions are limited and now require supporting evidence. They include situations involving domestic abuse, child protection concerns, genuine urgency, where a recent MIAM or NCDR has already taken place, or where neither party can access a MIAM, including online or by video link, with an explanation as to why. If you think an exemption may apply to you, your mediator can talk this through with you.

What to Expect During Your MIAM

A MIAM usually lasts between 45 minutes and an hour. It is held with you individually, separately from your ex-partner, so that you can speak openly and in confidence. During the meeting the mediator will:

• discuss the main issues in your case, whether about children, finances, property, or all of these;
• explain how mediation works and outline the other forms of NCDR available to you;
• assess whether mediation is suitable in your circumstances;
• discuss any safeguarding concerns, including domestic abuse, in confidence;
• take the other party’s contact details, if you wish to proceed, so they can be invited to their own separate MIAM.

The mediator is completely impartial. They will not take sides and cannot give legal advice to either party.

What Happens After Your MIAM

At the end of your MIAM, if your case is suitable, the mediator will ask whether you wish to mediate. Mediation is always voluntary.

• If you both wish to mediate, the mediator invites the other party to their own MIAM and the first joint session can be arranged.
• If mediation is not suitable, or you would rather apply to court, the mediator can issue the signed court certificate you need. With MIAM Direct, this is usually issued within 24 hours.

A court certificate is valid for four months from the date of your MIAM. If you apply to court after it has lapsed, you will need a fresh MIAM.

Illustrative Case Studies

The following anonymised examples show how a MIAM can work in practice. Details have been kept general to protect client confidentiality.

Reaching agreement on child arrangements

A separating couple with two children each attended an individual MIAM to explore mediation for a dispute about where the children would live and when they would see each parent. Both were initially sceptical, but chose to proceed after their MIAMs. With the mediator’s help they were able to focus on what worked best for their children and reached a workable shared arrangement, avoiding a contested court hearing.

Resolving a financial settlement

A couple facing a complicated financial situation on divorce attended separate MIAMs. One party had assumed court was the only route. The MIAM helped them understand that mediation could resolve matters more quickly and at far lower cost. They went on to mediate and reached a financial settlement acceptable to both.

Why Choose MIAM Direct

• Fast court certificates. Where you need a certificate to apply to court, we can usually issue it within 24 hours.
• Fully online. Complete your MIAM by video or phone, with no travel, parking or time off work.
• Accredited mediators. Every MIAM is conducted by a mediator accredited by the Family Mediation Council.
• Quick appointments. Many clients are able to complete their MIAM the same day.

What to Do Now

Ready to take the first step? To book your MIAM, call 0333 567 1676 or use our online booking form. If you need a court certificate quickly, let us know and we will prioritise it.

Frequently Asked Questions

How quickly can I get my court certificate?

If your case is not proceeding to mediation and you need a certificate to apply to court, MIAM Direct can usually issue it within 24 hours of your MIAM.

How long does a MIAM take?

A MIAM usually takes between 45 minutes and an hour, held with you individually and in confidence.

Do I still need a MIAM if I am sure I want to go to court?

In most children and financial cases, yes. Attending a MIAM is a required step before applying to court unless a valid exemption applies. Since April 2024, exemptions are more limited and usually require evidence.

Can my MIAM be done online?

Yes. MIAM Direct conducts MIAMs online or by telephone, so there is no need to travel or take significant time off work.

How long is a MIAM certificate valid?

A court certificate is valid for four months from the date of your MIAM. If you apply to court after it has lapsed, you will need a fresh MIAM.