Answer

Contact a mediator as soon as you need help sorting things out. Even if you’ve been separated for a while, or if your case has already gone to court, mediation can still help to resolve things.

You can’t usually take your case to court until you find out if mediation can help you first. If you can’t show that you’ve considered it, the judge may stop or delay proceedings until you have.

Once you’ve found a mediator, the next step is to attend a first meeting with them to find out if it’s right for you. Sometimes this is called a Mediation Information & Assessment Meeting (MIAM).

If you think you need legal advice to help you during mediation, this can be arranged at any time during the process. You might be able to get legal aid to pay for this.

If your case is not suitable for mediation you will still need to show the judge you’ve considered it by filling in the relevant court form.

Answer

Going to court should be a last resort. But if you do need to go to court, you will still need to show that you have either attended a Mediation Information & Assessment Meeting (MIAM) or you don’t need to attend a MIAM because of your circumstances. You need to do this by sending the relevant court form with your court papers.

The mediator can help you complete this at the first meeting or MIAM.

Answer

If you want to take your case to court, it is now – in most cases – a legal requirement to attend a MIAM. The other person involved is also expected to attend a MIAM, but they don’t have to go to the same meeting as you.

There are exemptions that mean you might not have to go to a MIAM. It can also be agreed at the MIAM that mediation isn’t right for you.  There are a range of options available for resolving family disputes so, even if mediation isn’t right for you, court isn’t the only other option.