It’s Family Mediation Week at the end of this month (27–31 January 2025). Organised by the Family Mediation Council (FMC), the initiative hopes to raise awareness of family mediation and its benefits for separating families.
Mediation is a form of alternative dispute resolution (ADR) that can be extremely helpful in family law.
It involves a separating couple sitting with an impartial, professionally trained third-party (the mediator) to discuss issues arising from the breakdown of their relationship, and agree on arrangements for their property, finances, and children without going to court.
Family mediation has various advantages over the litigation process, generally being quicker, cheaper, less adversarial and producing better outcomes than family law disputes pursued through the courts.
In most cases, if you want to take your case to court, it is a legal requirement to first attend a mediation information and assessment meeting (MIAM) to see whether mediation could be used to resolve your differences.
In this blog, our head of Family Law in Waterlooville, Adrian Silk, marks Family Mediation Week by answering some frequently asked questions about MIAMs.
What does MIAM mean?
MIAM stands for mediation information and assessment meeting. It is the initial meeting with between you and a qualified family mediator.
A MIAM gives you the opportunity to find out more about the mediation process and consider whether mediation is a viable option to resolve your issues rather than going to court.
Is attending a MIAM compulsory?
Attending a MIAM is a legal requirement in most family law cases.
Some exemptions exist. These include if you have been the victim of domestic abuse, if you don’t know where the other party lives, or if you have child protection concerns.
What is a MIAM form?
A MIAM form (Form FM1) is used in family law to confirm attendance at a MIAM before issuing proceedings.
The FM1 form must be sent with a completed C1 form or C2 form when making an application to the court for certain orders. These include parental responsibility orders, orders terminating parental responsibility, and permission to change a child’s name.
If parties did not attend a MIAM, Form FM1 must be used to state the reason why.
What happens at a MIAM?
A MIAM is confidential and usually lasts about an hour. The other person involved in your case (for example, your ex-partner), is also expected to attend a MIAM, although they don’t have to go to the same meeting as you.
During the meeting, your mediator will explain how mediation works and discuss your situation to see whether mediation is a suitable option to resolve your dispute.
The mediator will ask you for various information, including:
- Contact information.
- Details of the other party in the dispute.
- Information about any children you have.
- Background to the relationship.
- The issues you want to discuss.
- Any safeguarding concerns.
- Overview of your finances.
- What you want to get out of the process.
- Whether you have a solicitor and the importance of getting specialist legal advice.
If you have children over the age of 10, the mediator will also discuss with you whether it is appropriate to take their opinions into account.
The mediator will then consider whether mediation is an appropriate option to resolve your issues.
How much does a MIAM cost?
A MIAM costs around £120 per person, although the price can vary depending on your location and choice of mediator.
If you are eligible for legal aid, then this will cover all your individual mediation costs, including your MIAM and your ex-partner’s MIAM.
How long does a MIAM certificate last?
A MIAM certificate is valid for four months from the date of issue. If you need to make an application to the courts after that time, you will need to attend another MIAM.
Family Law Solicitors Waterlooville
At Larcomes, our team of experienced family law solicitors in Waterlooville and Portsmouth have been helping individuals and families with their family law issues for many years. Our focus is on helping to find a solution to your family law matter that works for everyone involved.
While our preference is to explore alternative dispute resolution (ADR) methods such as negotiation, roundtable meetings, and mediation to resolve family disputes, if litigation is unavoidable our experienced family law solicitors will guide you through the court process, offering support and guidance at every stage.
Specialist family law solicitor Adrian joined Larcomes in August 2023 and heads up the firm’s family law practice in Waterlooville.
Adrian has almost 30 years’ experience and specialises in all areas of family law. Along with Larcomes’ other family law solicitors, Adrian is accredited by Resolution, a group of family law professionals who believe in a non-confrontational approach to resolving family issues.
Regardless of the complexity of your family law matter or dispute, our solicitors in Waterlooville and Portsmouth have the knowledge and expertise to help.
To speak with Adrian or for legal advice from another of our specialist family lawyers, please call 023 9224 6666 or make an online enquiry.
Remember, you can talk to us in complete confidence and gain reassurance from speaking to someone who understands your situation.
Click here to find out more about our family law team.
Please note that this article is not intended as legal or professional advice. It is for general guidance only, and updates to the law may have changed since it was published.
