Mediation Information and Assessment Meetings

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MIAMs

The courts recognise that parents are generally best placed to know what is in their children’s interests and are encouraging parents to work this out together, with the assistance of an accredited (FMCA) family mediator.  For the vast majority of cases, mediation represents an opportunity for you to find the solution that best fits your individual circumstances.

Before applying to court, parties will have to attend a mediation information and assessment meeting (MIAM) with a mediator who will explain the process and benefits of mediation in the context of your individual circumstances.  They will discuss with you whether mediation can be of benefit in your case.   They will assess you for eligibility for public funding (Legal Aid) and if you do not qualify will make you aware of the costs of mediation.

If you both agree to try mediation, an appointment will be made for you to attend together at a convenient time and place.

 

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Mediation FAQ's


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.

Answer

There are a number of ways of dealing with family matters without having to make an application to court.

  • A divorce or dissolution of a civil partnership can only be granted by a court but this can be done without actually going to a hearing at court.
  • For many people, sorting out arrangements for children and agreeing how to split property and finances can be done without involving a court at all.

If you can’t work things out between you or have a family dispute, you will be expected to try to sort it out using mediation before going to court.

Answer

If your situation changes and the arrangements aren’t working, you can go back to the mediator to change the original agreement.

If the court has made your agreement into a legally binding order and somebody doesn’t follow it, you should consider whether the problem is capable of being sorted out with the help of a mediator. If you think it cannot, you may wish to go back to the court to ask for the order to be enforced.


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Contact us on 020 8315 7460 for a confidential discussion