MIAMs and assessment
What a MIAM is and why it matters
A MIAM is a regulated meeting that helps you understand mediation and other non-court ways of resolving a family dispute. At the same time, the mediator assesses safety, suitability and whether mediation is an appropriate route.
In many family court applications, you must attend a MIAM before you apply, unless a recognised exemption applies. However, a MIAM is not mediation itself, and it does not commit you to any further process.
MIAMs sit within the wider family justice framework and the Family Mediation Council Code of Practice.
What it is
A MIAM is a short assessment meeting. First, it explains mediation and other available routes. Then it tests whether mediation may be suitable in your case.
What it is not
A MIAM is not a joint mediation session. Likewise, it does not force anyone to mediate or agree to any outcome.
Why it matters
Because many relevant family applications require a MIAM first, it often acts as the gateway into mediation or, where appropriate, the next court step.
How MIAMs are conducted
At Barclay Devere, we conduct MIAMs in line with FMC expectations. To protect privacy and neutrality, each participant attends separately. In addition, meetings take place face-to-face or by secure online video.
- Each participant attends separately
- Meetings take place face-to-face or via secure online video
- We only use telephone-only arrangements where access issues make that necessary and we record the reason
In other words, a MIAM is an assessment meeting rather than a procedural box-tick.
What the mediator considers
- the nature of the issues in dispute
- whether mediation is voluntary and safe
- any safeguarding or domestic abuse concerns
- whether another process may be more appropriate
As a result, the mediator may decide that mediation is not suitable.
Attendance does not create an obligation
A MIAM does not require you to mediate, create joint sessions, or commit you to any further step. Instead, mediation only continues where it is suitable and both participants freely agree.
Outcome 1
Mediation goes ahead
If the case is suitable and both people agree, we can arrange mediation sessions.
Outcome 2
Mediation does not proceed
If the mediator assesses mediation as unsuitable, or if one person does not agree to continue, we discuss other appropriate routes.
Outcome 3
Court form signed where required
Where the rules require it, an authorised mediator can sign the relevant court form after the MIAM has taken place.
Relationship to court proceedings
A MIAM forms part of the wider family justice framework. However, it does not replace legal advice or decide the outcome of any case.
Instead, it helps you understand the available routes before you move further into mediation or court.
For an overview of mediation itself, see How Mediation Works. In addition, for safety and suitability considerations, see Safeguarding & Safety.
Next step
Book a MIAM or ask about your options
If you need a MIAM, want to understand whether an exemption may apply, or simply want to discuss the next step, contact us.