If you are thinking about divorce or a legal separation the law requires that you have considered mediation before applying to the court. A mediator will invite you to attend a meeting called a MIAM (Mediation Information and Assessment Meeting). This is an opportunity for both you and your ex-partner to meet with a qualified family mediator, discuss what mediation is and how it might benefit you. The mediator will gather background information from you and assess whether your case is suitable for mediation. If it is, the mediator will sign the relevant court form which you will need to have signed before you can issue an application at the court.
Mediation is often a quicker and cheaper way to resolve issues that arise on the breakdown of a marriage or relationship. The cost of the MIAM is usually free if you are eligible for legal aid, or £100 including VAT if you are privately paying. Most couples choose to attend the meeting together but it is possible to go separately.
At the meeting you will be told about the different ways in which disputes can be resolved, the advantages and disadvantages of each. The mediator will also explain how the process of mediation works. They will help you decide if mediation is suitable for your case and what will happen if it isn’t. The mediator will also explain any options you have for other forms of dispute resolution.
The mediator will also discuss disclosure with you, and explain the documents that you need to bring to your first mediation session (e.g. the summary of your financial position – your incomings and outgoings, any assets or property you own, pensions etc). They will explain what steps you need to take to get independent legal advice if you think it would be helpful for you.
Most MIAM meetings are held at the offices of the family mediator, but in some cases you can attend remotely using video conference with your ex-partner. If you want to meet with your ex-partner at the same time as your own meeting, you can do so but only if both of you agree.
If you and your ex-partner are both willing to try mediation, the mediator will arrange your first joint mediation appointment as soon as possible. It is usually a couple of weeks after the MIAM.
The mediator may be able to offer you the first session for free, or they may charge for it. Generally, the mediator will set their charges at what they think is a reasonable level.
If you decide that mediation is not suitable for your case, the mediator will complete a form, FM1 (see the link below) and they will recommend that you and your solicitor consider alternative methods of resolving your dispute. If you do not want to try mediation, the mediator will tell you why and will release the MIAM certificate allowing you to apply at court. miam mediation