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If you’re going through a divorce or separation and have questions about parenting, finances, or property, you’ll probably need to attend an MIAM (Mediation information and assessment meeting).
The Family Court’s regulations compel applicants in certain types of family proceedings to attend a Mediation Information and Assessment Meeting (MIAM) prior to filing an application with the Court. The MIAM’s purpose is to educate the applicant about alternative dispute resolution (ADR) possibilities in lieu of judicial proceedings.
Mediation is one type of alternative dispute resolution (ADR), which is a secret dialogue conducted by a third party known as a mediator for the purpose of settling a broad variety of issues. Parties to mediation are prohibited from disclosing the content of any conversation or from relying on the evidence or information presented during the mediation. They are also not required to disclose the reasons for their failure to reach a settlement. Unless an exemption applies, the Court mandates that all applicants attend an MIAM and have satisfied with this obligation prior to initiating family proceedings.
If the applicant commences litigation without attending the MIAM, the Court may require the applicant to meet with the mediator to ensure compliance with the requirements; unless an exemption exists.
The MIAM’s primary goal is to educate the applicant about the different dispute resolution procedures available to him or her.
The straightforward answer is no. The Court, however, will anticipate that the respondent will attend the MIAM. If the respondent fails to appear at MIAM, the applicant may institute proceedings, and the regulations do not exclude the applicant from doing so.
If you are the following, you must attend an MIAM:
A MIAM is not necessary if you are trying to enforce an existing court decision or if all parties agree on the result and want to acquire a legally valid order by consent.
Perhaps in a few instances. If you are aware that the other party does not wish to mediate or if you are certain that you do not wish to mediate yourself, for any reason, you are still required to attend an MIAM if you do not qualify for one of the 15 exemptions.
However, for many, understanding the benefits of mediation, having the process explained, and having a neutral organisation invite the opposing party to mediation may help you avoid court and reach an agreement more quickly.
If you do not choose to attend mediation, you may simply explain your reasons to the mediator at the conclusion of the MIAM and they will release the MIAM certificate to allow you to file in court. The choice is entirely yours. You are not required to persuade the mediator in any case. Although you may be required to explain to the judge why you choose not to pursue mediation when you appear in court.
The Family Mediation Council requires that anybody attending mediation meet with the mediator for an initial assessment meeting. This is because it enables the mediator to chat with you personally and get your perspective on the matter. It enables them to screen for domestic violence and ensure that you are participating in the mediation process voluntarily and not as a result of coercion.
Additionally, it enables them to create a strategy for your joint mediation sessions, increasing the likelihood that you will achieve an agreement in fewer sessions. Having a strategy in place, such as organising break out rooms, scheduling more breaks, or bringing in a second mediator, will make the mediation more favourable to your requirements and, thus, more likely to be successful.
No, if both parties agree to mediation, you may schedule your appointments and they can even be scheduled concurrently. You can schedule a combination MIAM appointment with several mediation services. However, in the majority of situations, we will meet with one of you first and, if mediation is appropriate, we will write to the other party inviting them to contact us.
Throughout your mediation, you will typically see the same family mediator, and it will make little difference which of you they see first.
We do not contact the other party until we have determined that family mediation is a good fit for your situation. It is possible that whatever you say in your MIAM indicates that the mediator finds mediation inappropriate. We would not desire to invite someone to mediation just to inform them that it cannot proceed at this time.
When we write to the other party, we can also inform them that you have previously attended an MIAM and that, if mediation does not progress, we can provide you with a document for court.
There are fifteen exceptions to the requirement to attend an MIAM. In cases when a child is in danger or domestic violence has occurred, most of these are based on urgency. Here is the complete list of exemptions. For parents, every issue that affects their children is of paramount importance. The court will want to study evidence or do more research before considering any exception.
Please call us at 0141 295 0021 if you have any questions about whether or not you qualify for an exemption. If we believe you should be granted an exemption, we will let you know as soon as possible. Court MIAMs may be an option if your case is minor and you don’t want to waste time having the court approve your MIAM exemption.
Whether your MIAM takes place in person or online, you may have some questions for the mediator. It may be beneficial to jot these down before to your appointment. It may be beneficial to spend some time to consider your desired outcome from the mediation.
Additionally, you should read our privacy statement, which details how we keep and manage your data.
Apart than that, no preparation is necessary; your mediator will walk you through the process and address any issues you may have.
Yes. You can invite someone in to assist you, which can benefit the process by providing an extra set of ears, someone to take notes, or just someone to help you recall what was said. If you desire to invite someone, we only ask that you notify us in advance so that we can arrange the meeting area appropriately.
There are a few notable exceptions:
If you are unable to attend an MIAM due to the presence of a little kid under the age of two, please contact us and we will do our best to accommodate your circumstance.
No. We do not share what we talked with the other party during your MIAM or provide specifics about who you purchased with. Your MIAM is secure.
No. You are not need to bring identification to your MIAM. Albion Mediation will request identification after mediation continues to joint mediation in order to facilitate the transition to a legal package if an agreement is achieved.
Your family mediator will meet you and take you through the procedure. The mediator will explain various pieces of information and exchange expertise with you throughout any MIAM with Albion Mediation – this is the mediation information section of your MIAM. Additionally, the mediator will ask you to explain your situation and the outcome you seek.
That we are governed by the Family Mediation Council (FMC) and that our procedures are outlined in their rules.
The mediator may determine that it is beneficial to refer you to other services or organisations. Albion Mediation has partnered with a limited set of service providers that we are familiar with and trust to assist you. These include the following:
In the case of a parental dispute, the mediator will clarify what kid inclusive mediation entails so that you may explore and debate it during your joint mediation.
Your family mediator will meet you and take you through the procedure. The mediator will explain various pieces of information and exchange expertise with you throughout any MIAM with Albion Mediation – this is the mediation information section of your MIAM. Additionally, the mediator will ask you to explain your situation and the outcome you seek.
Your family mediator will meet you and take you through the procedure. The mediator will explain various pieces of information and exchange expertise with you throughout any MIAM with Albion Mediation – this is the mediation information section of your MIAM. Additionally, the mediator will ask you to explain your situation and the outcome you seek.