What Is a MIAM and Do You Have to Attend Before Family Court

If you are thinking about making an application to the family court, whether for a financial remedy order, a child arrangements order, or another order, you will almost certainly have come across the requirement to attend a MIAM. Understanding what a MIAM is, what it involves, and when you might be exempt from attending one is important before you begin the court process.

What is a MIAM

A MIAM stands for a Mediation Information and Assessment Meeting. It is a short meeting, usually lasting around an hour, with a trained family mediator. The purpose of the meeting is not to conduct mediation itself but to provide information about what mediation is, explore whether it might be appropriate for your situation, and consider whether there are other ways of resolving your dispute without going to court.

The MIAM requirement was introduced to encourage people to consider alternatives to litigation before beginning court proceedings. It applies to most types of family court application, including applications for financial remedy orders and child arrangements orders.

Is the MIAM compulsory

In most cases, yes. Before you can file certain types of family court application, the court application form requires you to confirm that you have attended a MIAM or that an exemption applies. If you attempt to file without either, the application may be returned or refused.

However, both parties do not necessarily attend the same MIAM meeting. Each party can attend separately. And importantly, if one party attends and the other does not, the party who did attend can still proceed with their court application.

Our family law barristers can advise on the MIAM requirement and what it means for your specific situation.

When you may be exempt from attending a MIAM

There are a number of specific grounds on which a person may be exempt from the MIAM requirement. These include situations involving domestic abuse, where there is evidence of domestic violence or abuse by the other party or a member of their household. The exemption requires appropriate evidence, such as a police report, a medical professional's letter, or evidence of criminal proceedings.

Other exemptions include situations involving child protection concerns, cases where the other party has previously attended a MIAM and mediation did not proceed, situations of urgency where immediate court protection is needed, and cases where one party lives in a remote area without access to a mediator.

The full list of exemptions is set out in the Family Procedure Rules. A barrister can help you assess whether an exemption applies to your situation.

What the MIAM does not do

Attending a MIAM does not commit you to mediation. If the mediator assesses that mediation is not suitable for your case, or if you decide after receiving the information that it is not the right route, you are free to proceed with a court application. The MIAM certificate issued by the mediator confirms that you have attended the required meeting, and that certificate is included with your court application.

The MIAM is not a legal advice session and the mediator cannot advise you on your legal position. If you want legal advice alongside the MIAM process, that needs to come from a separate legal professional.

Using a barrister alongside the MIAM process

Many people find it helpful to speak with a barrister before attending a MIAM so they understand their legal position and what they are trying to achieve before they sit down with the mediator. This allows you to go into the MIAM with a clear sense of your options and what a realistic settlement might look like.

If mediation does proceed following the MIAM, having access to ongoing legal advice during the mediation process is equally valuable.

You can read more about how direct access works in our guide to the differences between a direct access barrister and a solicitor.

Speak with a specialist barrister about your options by visiting our contact page.