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MIAMs & Assessment

A MIAM is a regulated meeting designed to help individuals understand mediation. Specifically, it allows a trained mediator to explain alternative ways of resolving disputes while assessing the safety and suitability of your case. Furthermore, in many family court applications, attendance is a legal requirement unless a recognised exemption applies.

MIAMs are governed by statute and the Family Mediation Council (FMC) Code of Practice.

What is a MIAM?

A MIAM is not mediation.

It is a meeting in which a trained mediator:

  • explains mediation and alternative ways of resolving disputes
  • assesses suitability and safety
  • considers whether mediation may be appropriate

In many family court applications, attendance at a MIAM is a legal requirement unless a recognised exemption applies.

How MIAMs are conducted

At Barclay Devere, MIAMs are conducted in accordance with FMC requirements. To ensure privacy and neutrality, each participant attends separately. Additionally, meetings take place face-to-face or via secure online video, although telephone-only MIAMs are avoided unless specific access issues exist.

  • Each participant attends separately
  • MIAMs take place face-to-face or via secure online video
  • Telephone-only MIAMs are not used unless specific access issues exist and are recorded

MIAMs are assessments, not procedural formalities.

What is considered during a MIAM

During a MIAM, the mediator will consider:

  • the nature of the issues in dispute
  • whether mediation is voluntary and safe
  • any safeguarding or domestic abuse concerns
  • whether other processes may be more appropriate

The mediator may determine that mediation is not suitable.

Attendance and obligation

Attendance at a MIAM does not:

  • require you to mediate
  • require joint sessions to take place
  • commit you to any further process

Mediation proceeds only where it is suitable and both participants freely agree.

Outcomes of a MIAM

Attendance at a MIAM does not commit you to any further process. Instead, mediation only proceeds where it is suitable and both participants freely agree. Following the meeting, one of several outcomes may occur; for example, mediation may be arranged, or a court certificate may be issued where required.

  • mediation is agreed and arranged
  • mediation is assessed as unsuitable
  • alternative routes are discussed
  • a MIAM certificate is issued where required

Relationship to court proceedings

A MIAM is part of the wider family-justice framework. It does not replace legal advice or court processes and does not determine outcomes.

Further information

For an overview of mediation itself, see How Mediation Works.
For safety and suitability considerations, see Safeguarding & Safety.

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