So What is a MIAM?

Attendance at a MIAM meeting first became compulsory for all applications in  legal proceedings under the Children and Families Act back in 2014. Ten years on under Amendments to the Family Procedure Rules and  Practice Direction 3A dated April April 2024, it is a requirement to attend a MIAM in both financial and children act proceedings, prior to issuing a court application. Failure to attend can lead to costs sanctions being imposed in the proceedings against the party not attending

The Appointment involves screening for domestic abuse, serious power imbalances, incapacity issues of various kinds and child protection concerns.

Recent  developments in MIAMS Standards introduced by  the Family Mediation Council require mediators to;

• Ensure consistency in delivery
• Ensure the protection of the public
• Protect the ethical practice based on the principles of mediation
• Establish reliable suitability for mediation

A MIAM meeting will rarely last for anything less than an hour to an hour  and a half, given the issues the mediator is now bound to cover.

The Mediator must;

• Provide participants with sufficient information about mediation and other Dispute Resolution processes to enable them to make informed choices about how to resolve the issues they raise.
• Obtain information from parties about their circumstances and issues arising from their separation
• Assess the safety and suitability of mediation for the participants.
• Discuss and wherever possible identify with participants their next steps including the value of seeking legal advice.

The mediator is not there to give legal advice; that remains the role of each individual party’s lawyer. That is why it is often helpful to have some background legal advice before attending mediation.

Whilst the aim of mediation is not to replicate what a judge might do, some basic understanding about the issues at stake and what powers the court might have/might not have is helpful, including in financial applications a basic understanding of the factors in section 25 of the  Matrimonial Causes Act  and those in children applications under the Children Act.

For all the reasons outlined above, mediation will not suit every couple. It is one option in the Family Lawyer’s toolkit.

The mediator must also provide information about

1. The impact of separation and parental conflict on children (including protective and risk factors regarding children’s well being) the importance of child focused separation and parenting post separation including cooperative parenting and the development of parenting plans.
2. Child Inclusive Mediation (CIM) where there are children who may be capable of participating in the process.
3. How financial matters are dealt with in mediation and the necessity of providing full and frank disclosure.
4. What to expect from the next stage in the process and the likely timescale.
5. Other support, including legal advice or therapeutic support for either parents or children.
6. Any other services available to support the potential participants including co-parenting, housing, financial information regarding debt services and advice support services.

The cost of a MIAM will generally be between £100-£150 plus vat per person.