Child Arrangements: MIAM and Mediation

Before you can make an application to court, you are required to attend a MIAM (Mediation Information Assessment Meeting) to ascertain whether your dispute can be resolved through mediation rather than going to court. This is because it is generally considered a better alternative to court, which can have wider implications for all the family, the children and ongoing relationships of the parties in dispute. In most cases, court action should be a last resort.

What are exemptions for the MIAM and what evidence do I need?

1. Domestic abuse

• A criminal conviction against the other party or a supporting letter from a professional such as a medical practitioner or domestic abuse organisation.

2. You don’t know where the other party lives

• Reasonable steps must be taken to find out.

3. Either party lives abroad

• If either party are habitually resident outside of England or Wales.

4. You previously attended a MIAM within the last 4 months
5. You need an urgent hearing

• Urgency will be determined by the Courts. These circumstances would usually involve a risk to life or serious harm of the child. It can also be used if the child is about to be unlawfully removed from the country.

6. Child protection concerns

• If the child is subject to a child protection plan or the local authority are making enquiries into the safety of a child (for example if the child is police protected or subject to a s.47 Assessment) then you do not need to attend a MIAM.

7. If the hearing is due to be made without notice

• This would usually revolve around risks of significant harm and would be determined by the courts.

8. You have a disability that cannot be accommodated

• If you have a disability that means you are unable to get to a family mediator within 15 miles of your home, then as long as you have tried them all, or at least three if there are several mediators, then you do not have to attend a MIAM meeting. The court will need evidence that you have tried.

9. You or the other party are in prison or have bail conditions

• If you or the other party are in prison, then mediation will not be able to take place and you therefore do not have to attend a MIAM appointment. Whilst you can seek permission to mediate whilst there are bail conditions or terms of your license not to contact the other party, this is also a reason why a MIAM exemption would be allowed.

10. You are submitting a Consent Order

• If you are sending a C100 for a Child Arrangements Order and they are by consent, i.e. you have both made an agreement and wish to invite the court to make it legally binding, then you do not need to mediate as agreement has already been reached – and therefore you do not need to attend a MIAM.

What happens at a MIAM?

The MIAM will last approximately 45 mins to an hour and will be an opportunity for you to explain your situation to the mediator and what issues are in dispute.

The mediator will assess the appropriateness of mediation and provide information about the mediation process. They may also signpost you to other services which can offer help and support.

It is important to remember that by attending a MIAM you are not signing up to mediation, it is just the preliminary meeting to identify whether the mediation process is right for you or you are right for mediation.

By the end of the MIAM, the mediator will be able to determine whether your situation is suitable for mediation, provide advice regarding next steps in either scenario and discuss how best to contact the other party/parties .

How much does a MIAM cost?

The cost of a MIAM and mediation sessions will depend on your eligibility for legal aid. If you are not eligible for legal aid, then the mediator will provide you with details of their charges. Enquiries should be made with the mediator to obtain further information and whether or not there are any government incentives/voucher schemes available.

What happens if I attend the MIAM, but my partner does not?

If your partner does not attend the MIAM then the mediator can sign the MIAM certificate allowing you to apply for a court order in relation to Child Arrangements.

Benefits of Mediation

Whilst the mediation process is not for everyone, it is a significantly faster than court proceedings, which could take months, even years to conclude. Mediation is a cost-effective alternative to litigation, making it a more affordable solution for resolving family disputes. The court process can be emotionally draining whereas mediation is designed to be more collaborative and less adversarial process.

You can read more about the benefits of Mediation here: Family Mediation Week 2024.

I have attended the MIAM, but I do not want to attend Mediation

Mediation is a voluntary process, and you cannot be forced to attend against your will.

If you do not want to attend mediation, then you will need to explain your reasons to the Mediator at the MIAM, who will then release the MIAM certificate to allow you to go to court. However, it is likely that you will have to explain to a Judge why you did not want to engage in the mediation process so you must be prepared for those uncomfortable questions.

Would you like some further advice?

At Hughes Paddison, our experienced Family Law team is here to support you through every step of the separation process. Whether you’re unsure about attending a MIAM, have questions about mediation or need guidance on child arrangements, we’re here to help. We understand that family matters can be emotional and complex, and we’re committed to offering clear, compassionate advice tailored to your individual circumstances. If you’d like to speak to someone in confidence, please don’t hesitate to get in touch. We have qualified family mediators at Hughes Paddison, Jennifer Allen and Jane Brothwood, who can both offer mediation services for separating couples.